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STATE v. BALTIMORE AND OHIO RAILROAD COMPANY

Nos. 12355, 12356.

143 S.E.2d 331 (1965)

STATE ex rel. G. Thomas BATTLE, State Tax Commissioner, v. The BALTIMORE AND OHIO RAILROAD COMPANY, a corporation (two cases).

Supreme Court of Appeals of West Virginia.

Decided July 20, 1965.

Rehearing Denied November 8, 1965.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Andrew J. Goodwin, Sp. Asst. Atty. Gen., Charleston, for appellant G. Thomas Battle.

Steptoe & Johnson, William F. Wunschel, Charleston, Steptoe & Johnson, Paul F. Mickey, George B. Mickum, 3d, Washington, D. C., Kenneth E. Ekin, Richard Allen, Baltimore, Md., for appellee.

HAYMOND, Judge.

This is a declaratory judgment proceeding instituted by the State of West Virginia at the relation of the predecessor of G. Thomas Battle, State Tax Commissioner of West Virginia, as plaintiff, in the Circuit Court of Kanawha County, West Virginia, on February 24, 1960, after written notice given by the defendant, The Baltimore and Ohio Railroad Company, a corporation, to the State Tax Commissioner, requesting...

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