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WALTER BUTLER BUILDING COMPANY v. SOTO

No. CC834.

97 S.E.2d 275 (1957)

WALTER BUTLER BUILDING COMPANY, a Corporation, v. Joseph S. SOTO, Individually and as State Tax Commissioner of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided April 2, 1957.

Rehearing Denied July 3, 1957.

Attorney(s) appearing for the Case

Koontz & Koontz, Harry B. Lambert, Charleston, for plaintiff.

John G. Fox, Atty. Gen., Ronald Kyger, Frank M. Ellison, Asst. Attys. Gen., for defendant.

HAYMOND, Judge.

In this suit in equity, instituted in the Circuit Court of Kanawha County in May, 1956, the plaintiff Walter Butler Building Company, a corporation, seeks to enjoin the defendant Joseph S. Soto, individually and as State Tax Commissioner of West Virginia, from enforcing an assessment of a business and occupation tax by the State Tax Commissioner against the plaintiff...

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