West Virginia Court of Claims, 1978

Transport Motor Express, Inc. v. Public Service Commission

Transport Motor Express, Inc. v. Public Service Commission
West Virginia Court of Claims · Decided October 11, 1978
12 Ct. Cl. 192

Counsel

Transport Motor Express, Inc., the claimant, by Darrell L. Bauer, its agent., Frank M. Ellison, Deputy Attorney General, for the respondent.

Transport Motor Express, Inc. v. Public Service Commission

Opinion of the Court

PER CURIAM:

This claim was submitted upon the pleadings. It is admitted by the respondent that the claimant inadvertently duplicated *193and twice paid the sum of $837.00 for an order of 279 Uniform Vehicle Identification Stamps at the rate of $3.00 per vehicle. It is the position of the respondent that West Virginia Code §ll-l-2a, providing for refund of taxes erroneously collected, is limited to taxes and cannot be extended by interpretation to fees such as this; hence, the claimant can recover its inadvertent second payment only through an award in this Court. See 46 Op. Att’y- Gen. 253 (1955). It is readily apparent that an award in the sum of $837.00 should be, and it is hereby, made.

Award of $837.00.

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