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REEVES v. ISLAND CREEK FUEL & TRANSPORTATION CO.

230 S.W.2d 924 (1950)

REEVES v. ISLAND CREEK FUEL & TRANSPORTATION CO.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 2, 1950.

Attorney(s) appearing for the Case

Henry M. Johnson, Louisville, Lucian L. Johnson, Louisville, Woodward, Hobson & Fulton, Louisville, Tilford & Wetherby, Louisville, Stanley C. Moebus, County Atty. Campbell County, Newport, Charles H. Riedinger, County Atty. Lewis County, Vanceburg, James McGarry, County Atty. Kenton County, Covington, John H. Clarke, Jr., County Atty. Mason County, Maysville, for appellant.

Will H. Fulton, Louisville, for Campbell County.

Henry J. Tilford, Louisville, for Lewis, Kenton and Mason Counties.

Henry J. Tilford, Louisville, amicus curiæ.

L. W. Scott, Newport, Rolla D. Campbell, Huntington, W. Va., F. A. MacDonald, Huntington, W. Va., Waite, Schindel & Bayless, Cincinnati, Ohio, Doolan, Helm, Stites & Wood, Louisville, for appellee.

James W. Stites, Louisville, amicus curiæ.

LATIMER, Justice.

Pursuant to KRS 132.330, omitted tax assessment proceedings were instituted by the Commonwealth on relation of the Commissioner of Revenue, against appellee, Island Creek Fuel and Transportation Company.

Appellee sought, in the Franklin Circuit Court, and obtained an injunction, permanently enjoining Clyde Reeves, as Commissioner of Revenue, his successors, agents, and attorneys, from prosecuting the omitted tax assessment proceedings in...

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