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COMMONWEALTH DEPARTMENT OF REVENUE v. SCHMID

404 S.W.2d 458 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF REVENUE, Petitioner, v. Hon. Lyndon R. SCHMID, Judge, Jefferson Circuit Court, Respondent.

Court of Appeals of Kentucky.

June 17, 1966.

Attorney(s) appearing for the Case

John R. Livingston, Ky. Dept. of Revenue, Robert Matthews, Atty. Gen., Frankfort, for petitioner.

CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Revenue, seeks an order prohibiting the respondent circuit judge from entertaining a certain appeal from an order of the Kentucky Board of Tax Appeals. The ground asserted for this is that the circuit court has no jurisdiction of the appeal because the Department of Revenue, an indispensable party, was not named as a party to the appeal.

The Department of Revenue made a sales and use tax assessment...

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