No. 12706.

167 S.E.2d 890 (1969)

UNITED FUEL GAS COMPANY, a corporation v. G. Thomas BATTLE, Tax Commissioner of West Virginia.

Supreme Court of Appeals of West Virginia.

Decided April 3, 1969.

Concurring Opinion April 23, 1969.

Rehearing Denied June 24, 1969.

Attorney(s) appearing for the Case

C. Donald Robertson, Atty. Gen., William F. Carroll, Asst. Atty. Gen., Charleston, for appellant.

R. K. Talbott, Herbert W. Bryan, H. L. Snyder, Charleston, for appellee.

Howard R. Klostermeyer, Charleston, amicus curiae for E. I. duPont de Nemours.

E. Glenn Robinson, Charleston, for Kaiser Aluminum.


This is an appeal upon the application of the defendant, G. Thomas Battle, Tax Commissioner of the State of West Virginia, hereinafter sometimes referred to as tax commissioner or commissioner, from the final judgment of the Circuit Court of Kanawha County rendered April 21, 1967, which affirmed in part and reversed in part certain business and occupation tax levies imposed by the defendant against the plaintiff, United Fuel Gas Company, a corporation...

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