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REVENUE CABINET v. JOY TECHNOLOGIES, INC.

No. 91-CA-1035-MR.

838 S.W.2d 406 (1992)

REVENUE CABINET, COMMONWEALTH of Kentucky, Appellant, v. JOY TECHNOLOGIES, INC., Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 11, 1992.

Attorney(s) appearing for the Case

Celia M. Dunlap, Div. of Legal Services, Revenue Cabinet, Frankfort, for appellant.

Tom Brown, Mark Sommer, Louisville, for appellee.

Before DYCHE, MILLER and SCHRODER, JJ.

MILLER, Judge.

Revenue Cabinet, Commonwealth of Kentucky (Cabinet), brings this appeal from a judgment of the Hopkins Circuit Court entered April 23, 1991, which (by incorporation of its order of April 9, 1991) reversed a decision of the Kentucky Board of Tax Appeals1 (Board) dated January 22, 1990. We affirm.

The facts of the case are these: Joy Technologies (Joy) is in the business of manufacturing, marketing, and servicing coal...

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