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HOUYOUX v. PAIGE

No. 26214.

524 S.E.2d 712 (1999)

206 W.Va. 357

John HOUYOUX, d/b/a Aerolease, Petitioner Below, Appellee, v. James H. PAIGE, III, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 1999.

Attorney(s) appearing for the Case

Stephen Stockton, Assistant Attorney General, Attorney General's Office, Charleston, West Virginia, Attorney for Appellant.

David A. DeJarnett, Michael E. Caryl, Bowles Rice McDavid Graff & Love, PLLC, Martinsburg, West Virginia, Attorneys for Appellee.

STONE, Judge:

Appellant Joseph M. Palmer, State Tax Commissioner of the State of West Virginia ("Tax Commissioner")1 appeals from the December 16, 1998, order of the Circuit Court of Berkeley County, finding that Appellee John Houyoux ("Taxpayer") had timely filed a claim for a refund of sales taxes.2 The Tax Commissioner asserts that the circuit court erred in concluding that the applicable statute of limitations...

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