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Opinions June 4, 2012

June 4, 2012
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The following Indiana Tax Court opinion was posted after IL deadline Friday:
Fresenius USA Marketing, Inc. v. Ind. Dept. of State Revenue
49T10-1008-TA-45
Tax. Denies the Department of State Revenue’s motion to dismiss Fresenius USA Marketing’s appeal of the determination denying the company’s claim for a refund of gross retail (sales) and use tax collected on its sales of dialysis equipment and paid to the department between Jan. 1, 2004, and Oct. 31, 2007. The department’s claim that the court lacks subject matter jurisdiction over the appeal is without merit.

Monday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
R. Bruce Wallace v. Alliance Environmental, Inc. and Ruth Brown (NFP)

49A04-1111-CC-665
Civil collection. Affirms trial court’s recalculation of damages to Brown for Wallace’s breach of fiduciary duty.

KMC Real Estate Investors, LLC, George L. Alcorn, David Berry, David Britt, Abdul G. Buridi, Jeffrey Campbell, Keith Carter, et al. v. RL BB Financial, LLC (NFP)
10A05-1109-MF-501
Mortgage foreclosure. Affirms summary judgment in favor of RL BB Financial in its suit seeking to enforce each doctor’s individual guarantees.

Alfonso Menchaca v. Elias Terrazas (NFP)
45A03-1109-PL-415
Civil plenary. Affirms partial summary judgment for Terrazas in an action to seek repayment of amount Menchaca owes Terrazas pursuant to a promissory note and remands for further proceedings.

 

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