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MARIETTA COAL CO. v. LINDLEY

No. 82-1400.

6 Ohio St. 3d 6 (1983)

MARIETTA COAL COMPANY, APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE.

Supreme Court of Ohio.

Decided July 13, 1983.

Attorney(s) appearing for the Case

Messrs. Thompson, Hine & Flory and Mr. Paul W. Brown, Messrs. Benesch, Frieallander, Coplan & Aronoff, Mr. Jeffry L. Weiler and Mr. Richard L. Grossman, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. James C. Sauer, for appellee.

Per Curiam.

The issue presented in this case is whether the determination of the Board of Tax Appeals denying appellant an air pollution control certificate, which would permit tax exemption for its coal preparation facility, was reasonable and lawful.

R.C. 5709.21 provides, in pertinent part, as follows:

"If the commissioner, after obtaining the opinion of the director of environmental protection...

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