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GRIFFITH v. FRONTIER WEST VIRGINIA, INC.

No. 11-0166.

719 S.E.2d 747 (2011)

Craig A. GRIFFITH, State Tax Commissioner of West Virginia, Respondent Below, Petitioner v. FRONTIER WEST VIRGINIA, INC., Petitioner Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 10, 2011.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr. , Attorney General, L. Wayne Williams , Assistant Attorney General, Charleston, WV, for the Petitioner.

Thomas R. Goodwin , Carte P. Goodwin , J. David Fenwick , Goodwin & Goodwin, LLP, Charleston, WV and Joseph J. Starsick, Jr. , Associate General Counsel-Southeast Region, Frontier Communications, Charleston, WV, for the Respondent.

DAVIS, Justice:

The petitioner herein and respondent below, Craig Griffith, State Tax Commissioner of West Virginia (hereinafter "Tax Commissioner"),1 appeals from an order entered September 14, 2010, by the Circuit Court of Berkeley County. By that order, the circuit court reversed an earlier order of the Office of Tax Appeals;2 found that W. Va.Code § 11-13B...

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