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LUCKETT v. TEXAS EASTERN TRANSMISSION CORPORATION

336 S.W.2d 567 (1960)

James E. LUCKETT et al., Individually and as Members of and Constituting Kentucky Tax Commission. Appellant v. TEXAS EASTERN TRANSMISSION CORPORATION, Appellee.

Court of Appeals of Kentucky.

June 17, 1960.

Attorney(s) appearing for the Case

William S. Riley and Virginia Collins, Frankfort, for appellant.

Joseph J. Leary, Frankfort, Joseph Stopher, Louisville, for appellee.

Robert F. Matthews, Jr., Asst. Atty. Gen., amicus curiae.

John R. Cook, Jr., Lexington, for Kentucky Municipal League.

MOREMEN, Judge.

Appellee, Texas Eastern Transmission Corporation, is a foreign public service company which operates 5,415.7 miles of interstate gas transmission pipeline — 229.3 miles of which are located in Kentucky.

KRS 136.120 created a franchise tax on such pipeline companies, and appellee is subject to that tax.

The circuit court held that the Department of Revenue, in several particulars, failed to use a proper formula for the valuation...

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