Abbott Labs. v. Franchise Tax Bd.

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Filed 8/6/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE ABBOTT LABORATORIES et al., Plaintiffs and Appellants, B204210 (Los Angeles County Super. Ct. No. BC369808) v. FRANCHISE TAX BOARD, ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendant and Respondent. THE COURT: It is ordered that the opinion filed herein on July 21, 2009, be modified as follows: 1. On page 3, in the third paragraph, the second sentence is modified as follows: Part of the income of TAP was subject to taxes imposed under section 23101 et seq., and part was not. There is no change in the judgment.

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