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ACTIVATE v. WASHINGTON STATE DEPT. OF REV.

No. 37329-7-II.

209 P.3d 524 (2009)

ACTIVATE, INC., Appellant, v. WASHINGTON STATE DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Washington, Division 2.

June 16, 2009.

Attorney(s) appearing for the Case

George Carl Mastrodonato, Dorsey & Whitney LLP, Seattle, WA, for Appellant.

Heidi A. Irvin, Attorney General's Office/Revenue Div., Olympia, WA, for Respondent.

PENOYAR, J.

¶ 1 Activate filed a refund claim under RCW 82.32.1801 after paying an assessment of $131,794.29 to the Department of Revenue (DOR) for unpaid use tax on a portion of its cellular telephone inventory. Both DOR and Activate moved for summary judgment and the trial court ruled in DOR's favor. Activate now appeals, arguing that the trial court erred by (1) granting DOR's motion and denying its own motion for summary judgment...

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