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TANNER v. PREMIER PHOTO SERVICE, INC.

No. 12158.

125 S.E.2d 609 (1962)

Ned H. TANNER v. PREMIER PHOTO SERVICE, INC., and C. Howard Hardesty, Jr., Tax Commissioner and Intervenor.

Supreme Court of Appeals of West Virginia.

Decided April 3, 1962.

Opinion Filed May 29, 1962.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., Andrew J. Goodwin, Asst. Atty. Gen., Charleston, for appellant.

Richard F. Pence, Jack L. Miller, James W. Simonton, Parkersburg, for appellee.

GIVEN, Judge.

Involved in this proceeding is the constitutionality of the West Virginia Personal Income Tax Act, Chapter 155 of the 1961 Acts of the Legislature, Regular Session, Code, 11-21, as amended. The plaintiff, Ned H. Tanner, instituted his proceeding in the Circuit Court of Wood County, praying that his employer, Premier Photo Service, Inc., be restrained from collecting any withholding tax from the wages of plaintiff...

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