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BECTON, DICKINSON AND COMPANY v. NEBRASKA DEPT. OF REVENUE

No. S-07-844.

756 N.W.2d 280 (2008)

276 Neb. 640

BECTON, DICKINSON AND COMPANY, a New Jersey Corporation, and Becton Dickinson Infusion Therapy Systems, Inc., a Delaware Corporation, appellants, v. NEBRASKA DEPARTMENT OF REVENUE et al., appellees.

Supreme Court of Nebraska.

October 10, 2008.

Attorney(s) appearing for the Case

Nicholas K. Niemann, Thomas O. Kelley, and Matthew R. Ottemann, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellants.

Jon Bruning, Attorney General, and L. Jay Bartel, Lincoln, for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

Becton, Dickinson and Company and Becton Dickinson Infusion Therapy Systems, Inc., which we shall refer to jointly as "Becton," appeal from an order of the district court for Lancaster County affirming the state Tax Commissioner's denial of a claim for a refund of sales and use taxes under Nebraska's Employment and Investment Growth Act,1 commonly referred to as "L.B. 775."2 The claim was denied...

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