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PILGRIM'S PRIDE CORP. v. MORRIS

No. 101627.

723 S.E.2d 642 (2011)

PILGRIM'S PRIDE CORPORATION and Pilgrim's Pride Corporation of West Virginia, Inc., Petitioners Below, Petitioners v. Christopher G. MORRIS, State Tax Commissioner and Jim B. Wratchford, Assessor of Hardy County, Respondents Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2011.

Dissenting Opinion of Justice Benjamin December 16, 2011.

Attorney(s) appearing for the Case

Stephen Stockton , Robinson & McElwee, Charleston, WV, Robert H. Albaral , PHV, Stephen W. Long , PHV, Baker & McKenzie, LLP, Dallas, TX, John Paek , PHV, Baker & McKenzie, New York, NY, for Petitioners.

L. Wayne Williams , Attorney General's Office, Charleston, WV, for the Respondent, State Tax Commissioner.

James O. Heishman , Hardy County Prosecutor's Office, Moorefield, WV, for the Respondent, Hardy County Assessor.

McHUGH, Justice:

Pilgrim's Pride Corporation and its wholly-owned subsidiary, Pilgrim's Pride Corporation of West Virginia, Inc., (collectively referred to as "Pilgrim's Pride" or "Taxpayer"), appeal from the August 11, 2010, order of the Circuit Court of Hardy County through which the lower court granted summary judgment to the State Tax Commissioner ("Commissioner") and the Hardy County Assessor ("Assessor") regarding...

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