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APPEAL OF MONOLITH PORTLAND MIDWEST CO., INC.

No. 4699.

574 P.2d 757 (1978)

Appeal of MONOLITH PORTLAND MIDWEST COMPANY, INC., of the Valuation and Assessment of its Cement Rock Lime, Cement Rock Shale, Gypsum, Sand and Gravel Production by the Department of Revenue and Taxation, State of Wyoming. The STATE of Wyoming ex rel. STATE BOARD OF EQUALIZATION, Appellant (Appellee and Respondent below), v. MONOLITH PORTLAND MIDWEST COMPANY, INC., Appellee (Appellant and Petitioner below).

Supreme Court of Wyoming.

February 9, 1978.

Attorney(s) appearing for the Case

V. Frank Mendicino, Atty. Gen., James D. Douglass, Senior Asst. Atty. Gen., Cheyenne, for appellant (appellee and respondent below).

Hugh B. McFadden, Jr., of Corthell, King, McFadden, Nicholas & Prehoda, Laramie, for appellee (appellant and petitioner below).

Before McCLINTOCK, RAPER, THOMAS, and ROSE, JJ., and ARMSTRONG, District Judge, Retired.

THOMAS, Justice.

The only question presented in this case is whether in fixing the value of the gross product of several mines owned by Monolith Portland Midwest Company, Inc. (Monolith),1 the Department of Revenue and Taxation of the State of Wyoming lawfully included a presumed cost for transporting the mineral products to and placing them in a hypothetical storage facility. The Board of Equalization...

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