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QUEST DIAGNOSTICS, INC. v. DIRECTOR, DIVISION OF TAXATION

23 N.J. Tax 278 (2006)

QUEST DIAGNOSTICS, INC., PLAINTIFF-APPELLANT, v. DIRECTOR, DIVISION OF TAXATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 2006.

Attorney(s) appearing for the Case

Sukel & Associates, attorneys for appellant (Steven P. Sukel, on the brief).

Zulima V. Farber, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Marlene G. Brown, Deputy Attorney General, on the brief).

Before Judges WECKER, FUENTES and GRAVES.

The opinion of the court was delivered by

WECKER, J.A.D.

Plaintiff, Quest Diagnostics, Inc., a medical testing laboratory, appeals from a final judgment of the Tax Court denying its claimed exemption from sales and use tax on vacutainers used in the collection of specimens. We now affirm.

These are the pertinent facts regarding Quest's use of the vacutainers, derived from the agreed or undisputed facts available to the Tax Court on the Division's motion...

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