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STATE EX REL. PAIGE v. CANADY

No. 21573.

434 S.E.2d 10 (1993)

189 W.Va. 650

STATE of West Virginia ex rel. James H. PAIGE, Secretary, Department of Tax and Revenue, Petitioner, v. Honorable Herman CANADY, Jr., Judge of the Circuit Court of Kanawha County, and Exxon Corporation, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1993.

Attorney(s) appearing for the Case

Silas B. Taylor, Sr. Deputy Atty. Gen., Charleston, for petitioner.

Thomas R. Goodwin, Goodwin & Goodwin, Charleston, for respondents.

NEELY, Justice.

The State seeks a writ of prohibition to prevent the Circuit Court of Kanawha County from entertaining a declaratory judgment action to settle a dispute between Exxon and the Tax Department. Exxon asks the circuit court to declare Administrative Notice 91-15, which describes the procedure that Exxon must follow to obtain a tax refund, unconstitutional. However, the statutory tax refund process set forth in...

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