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COLLEY v. EASTERN COAL CORPORATION

470 S.W.2d 338 (1971)

T. T. COLLEY, Etc., et al., Appellants, v. EASTERN COAL CORPORATION, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 1, 1971.

Attorney(s) appearing for the Case

William S. Riley, Cyril E. Shadowen, Dept. of Revenue, Frankfort, for appellants.

Donald Combs, Stephens, Combs & Page, Baird & Hays, Pikeville, for appellee.

NEIKIRK, Judge.

Eastern Coal Corporation, hereinafter referred to as "Eastern," is engaged in Pike County, Kentucky, in the mining and preparation of coal for the metallurgical coal market. The equipment used by the corporation in its preparation of the coal for sale was listed and taxed by the proper authorities as not being exempt from taxes under KRS 132.200. Eastern appealed to the Board of Tax Appeals. The Board of Tax Appeals found adversely to Eastern's contention...

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