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MARCUM v. KENTUCKY & INDIANA TERMINAL RAILROAD CO.

363 S.W.2d 98 (1962)

James V. MARCUM, Commissioner of Revenue, et al., and Kentucky Tax Commission, Appellants, v. KENTUCKY & INDIANA TERMINAL RAILROAD COMPANY, Appellee.

Court of Appeals of Kentucky.

Petition for Rehearing Sustained in Part and Opinion Modified December 14, 1962.

Attorney(s) appearing for the Case

Frank A. Logan, Louisville, William S. Riley, Hal O. Williams, Frankfort, for appellants.

Middleton, Seelbach, Wolford, Willis & Cochran, Louis Seelbach, Louisville, for appellee.

WILLIAMS, Judge.

Kentucky & Indiana Terminal Railroad Company (K & I), a Louisville, Kentucky corporation, is a common carrier engaged in interstate commerce. It owns and operates a bridge across the Ohio River between Louisville and New Albany, Indiana, and a switching terminal which includes about 130 miles of tracks. Many of the major industries in Louisville are located on K & I tracks. The majority of business transacted by K & I is with its stockholders...

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