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STATE v. AISIN USA MFG., INC.

No. 36S01-1009-CV-469.

946 N.E.2d 1148 (2011)

STATE ex rel. Gregory F. ZOELLER, Attorney General of Indiana, Appellant (Plaintiff below), v. AISIN USA MANUFACTURING, INC., Appellee (Defendant below).

Supreme Court of Indiana.

May 12, 2011.

Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Andrew W. Swain , Chief Counsel, Jennifer E. Gauger , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Phillip R. Scaletta , Mark J. Richards , Edward P. Steegmann , Brian J. Paul , Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 36A01-0909-CV-442

SULLIVAN, Justice.

The Attorney General sought to recover an erroneously issued "tax refund" of approximately $1,150,000 from Aisin USA Manufacturing, Inc. ("Aisin") in Jackson Superior Court. Aisin argued that the case "arises under" Indiana tax law so that exclusive subject matter jurisdiction rests with the Indiana Tax Court. We hold that this case may proceed in Jackson...

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