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KERFORD LIMESTONE CO. v. NE DOR

No. S-13-035.

844 N.W.2d 276 (2014)

287 Neb. 653

KERFORD LIMESTONE CO., Appellee and Cross-Appellant, v. NEBRASKA DEPARTMENT OF REVENUE, a Nebraska Administrative Agency, and Douglas Ewald, in his Capacity as the State Tax Commissioner for the State of Nebraska, Appellants and Cross-Appellees.

Supreme Court of Nebraska.

Filed March 14, 2014.

Attorney(s) appearing for the Case

Jon Bruning , Attorney General, and L. Jay Bartel for appellants.

Shannon L. Doering and Luke F. Vavricek for appellee.

Heavican, C.J., Connolly, Stephan, McCrmack, Miller-Lerman, and Cassel, JJ.

Per Curiam.

INTRODUCTION

The Nebraska Department of Revenue (Department) and Douglas Ewald, in his capacity as the State Tax Commissioner (collectively the State), appeal, and Kerford Limestone Co. (Kerford) cross-appeals from the district court's order in these tax protest proceedings. Kerford purchased a motor grader for use in its manufacturing business and claimed an exemption from sales and use tax on the purchase under Neb.Rev.Stat. § 77-2704...

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