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CONCEPT MIN., INC. v. HELTON

No. 31866.

617 S.E.2d 845 (2005)

217 W.Va. 298

CONCEPT MINING, INC., and the Ridge Land Company, Inc., Petitioners Below, Appellees, v. Virgil T. HELTON, Acting State Tax Commissioner of the State of West Virginia, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Filed: April 28, 2005.

Attorney(s) appearing for the Case

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

David K. Higgins, Paul G. Papadopoulos, Robinson & McElwee, PLLC, Charleston, Monica Taylor Monday, Gentry Locke Rakes & Moore LLP, Roanoke, VA, for the Appellees.

The Opinion of the Court was delivered PER CURIAM.

Justice BENJAMIN, deeming himself disqualified, did not participate in the decision of this case.

Judge WILSON, sitting by temporary assignment.

PER CURIAM.

The appellant herein and respondent below, Virgil T. Helton,1 Acting State Tax Commissioner of the State of West Virginia (hereinafter referred to as the "Tax Commissioner"), appeals from an order entered by...

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