DUKE POWER COMPANY v. CLAYTON

No. 274.

164 S.E.2d 289 (1968)

274 N.C. 505

DUKE POWER COMPANY, a corporation v. I. L. CLAYTON, North Carolina Commissioner of Revenue.

Supreme Court of North Carolina.

November 27, 1968.


Attorney(s) appearing for the Case

John D. Hicks and William I. Ward, Jr., Charlotte, for plaintiff appellee.

Thomas Wade Bruton, Atty. Gen.; Robert L. Gunn, Asst. Atty. Gen., for defendant appellant.


SHARP, Justice.

This appeal presents two primary questions: (1) Is the fly-ash precipitator, which plaintiff installed in 1961, mill machinery or an accessory thereto within the meaning of G.S. § 105-164.13(12), and (2) was the cleaned and crushed coal plaintiff purchased from the corporations which mined it a product of the mine in its "original or unmanufactured state" within the meaning of G.S. § 105-164.13(3)? The purchases of coal from the three mining...

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