MOREMEN, Justice.
The facts in this case present a controversy between appellant, H. Clyde Reeves, Commissioner, Department of Revenue, and appellee, Coldway Carriers, Inc., a Kentucky corporation, concerning whether or not appellee's operation is subject to the gross weight tax provided for in KRS 281.480(1) (repealed 1950), which reads in part as follows: "On or before January 1 of each year, and as a condition precedent to the use of the public highways, every...
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