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STATE v. DEMKOVICH

No. 12303.

136 S.E.2d 895 (1964)

STATE ex rel. G. Thomas BATTLE, State Tax Commissioner, v. Frank J. DEMKOVICH et al., d/b/a Midstate Equipment and Erectors.

Supreme Court of Appeals of West Virginia.

Decided June 23, 1964.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., J. Patrick Bower, Asst. Atty. Gen., Charleston, for appellant.

James W. Pyles, New Martinsville, for appellees.

CAPLAN, Judge:

This is a civil action instituted on February 6, 1962, in the Circuit Court of Tyler County by the State of West Virginia at the relation of G. Thomas Battle, State Tax Commissioner, plaintiff, against Frank J. Demkovich and Jerome A. Carroll, doing business as Midstate Equipment and Erectors, defendants, wherein the plaintiff seeks to recover from the defendants the sum of $4,498.91, which represents business and occupation tax and penalties owing...

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