Brief of Appellant
Pursuant to Rule 24(1 l)(h) of the Utah Rules of Appellate Procedure, Respondent- Appellee, MCI Telecommunications Corporation, hereby advises the Court of Hercules Incorporated v. Utah State Tax Commission, 877 P.2d 169 (Utah App. 1994), which the Utah Court of Appeals decided after the above-captioned case had been briefed. MCI relies upon Hercules for the argument stated in its brief that an appellate court should defer to the Tax Commission's judgment as to the credibility of competing expert witnesses and should not reweigh the evidence offered at the Tax Commission. A copy of Hercules is attached for the Court's convenience
Public record document (some rights may be reserved).
Brief of Appellant, Utah Association of Counties v. Tax Commission ex rel MCI Communications, No. 920452 (Utah Supreme Court, 1992).