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DAVIS MEMORIAL HOSP. v. STATE TAX COM'R

No. 33862.

671 S.E.2d 682 (2008)

DAVIS MEMORIAL HOSPITAL, Petitioner Below, Appellant, v. WEST VIRGINIA STATE TAX COMMISSIONER, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 14, 2008.

Attorney(s) appearing for the Case

Ancil G. Ramey, L. Frederick Williams, Robert L. Bailey, Steptoe & Johnson PLLC, Charleston, and Robert A. Wilson, Jr., Wilson & Mills, LLC, Atlanta Georgia, for the Appellant Davis Memorial Hospital.

Darrell V. McGraw, Jr., Attorney General, L. Wayne Williams, Assistant Attorney General, Charleston, for the Appellee West Virginia State Tax Commissioner.

DAVIS, Justice:1

Davis Memorial Hospital (hereinafter referred to as "Davis Memorial"), Appellant and petitioner below, appeals from a decision of the Circuit Court of Randolph County that affirmed the denial of its claim for a refund of West Virginia consumers sales tax and West Virginia use tax paid for the year 2002. The circuit court affirmed the decision of the West Virginia State Tax Commissioner, respondent below and appellee (hereinafter...

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