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BLUESTONE PAVING v. TAX COM'R OF STATE

No. 31377.

591 S.E.2d 242 (2003)

214 W.Va. 684

BLUESTONE PAVING, INC., A Corporation, Petitioner Below, Appellee, v. TAX COMMISSIONER OF the STATE OF WEST VIRGINIA, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 3, 2003.

Dissenting Opinion of Justice Albright December 4, 2003.

Concurring Opinion of Justice Maynard December 9, 2003.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Stephen Stockton, Esq., Senior Assistant Attorney General, Charleston, for the Appellant.

Shawn R. Romano, Esq., Daniels Law Firm, P.L.L.C., Charleston, for the Appellee.

DAVIS, Justice.

The appellant herein and respondent below, the Tax Commissioner of the State of West Virginia [hereinafter referred to as "Tax Commissioner"], appeals from an order entered July 24, 2002, by the Circuit Court of Mercer County. In that order, the circuit court determined that the appellee herein and petitioner below, Bluestone Paving, Inc. [hereinafter referred to as "Bluestone"], was entitled to receive...

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