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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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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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