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NUCKOLS v. ATHEY

No. 12340.

138 S.E.2d 344 (1964)

Jack NUCKOLS, Commissioner, etc. v. Lora D. ATHEY.

Supreme Court of Appeals of West Virginia.

Decided October 20, 1964.

Attorney(s) appearing for the Case

Atty. Gen. C. Donald Robertson, Asst. Atty. Gen. Thomas B. Yost, Charleston, for appellant.

Steptoe & Johnson, Charles W. Yeager, Charleston, Buckmaster, White, Mindel & Clarke, George W. White, Jr., Baltimore, Md., for appellee.

CALHOUN, Judge.

This case is on appeal from the final judgment of the Circuit Court of Kanawha County entered in a declaratory judgment action instituted in that court to test the constitutionality of a portion of Chapter 17A, Article 3, Section 4 of Code, 1931, as amended, which statute deals with motor vehicles. The portion of the statute which is pertinent to this case is as follows:

"* * * A tax is hereby imposed upon the privilege of effecting the certification...

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