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BLACKBURN v. MAXWELL COMPANY

305 S.W.2d 112 (1957)

Charles M. BLACKBURN, Commissioner, Department of Motor Transportation of the Commonwealth of Kentucky, Appellant, v. The MAXWELL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 4, 1957.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., George Willis, III, Asst. Atty. Gen., for appellant.

Joseph J. Leary, Frankfort, for appellees.

MILLIKEN, Chief Justice.

This case involves the weight tax exemptions of motor carriers of property under KRS 281.605(2) as enacted by the 1954 session of the General Assembly, and the effect of changes made in 1956 in its regulations by the Department of Motor Transportation pursuant to the changes made in the statute. The statute, KRS 281.605(2), states:

"(2) The following vehicles operated by a carrier or motor carrier shall be exempt from the tax imposed...

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