South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Atchison Transportation Services, Inc. vs. SCDOR, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Atchison Transportation Services, Inc.

Respondent and Third-Party Petitioner:
South Carolina Department of Revenue

Third-Party Respondents:
Smoke Oil Company, Inc., Williams Investment Company, Smoke Oil, LLC, and W.S. Moore, LLC
 
DOCKET NUMBER:
04-ALJ-17-0061-CC

APPEARANCES:
Kenneth C. Anthony, Jr.
Anthony Law Firm
P.O. Box 3565
Spartanburg, SC 29304
864-582-2355
Attorney for Atchison Transportation Services, Inc.

Leonard P. Odom
Counsel for Revenue Litigation
P.O. Box 12265
Columbia, SC 29211
803-898-5130
Attorney for South Carolina Department of Revenue

Walter M. White
Holcombe, Bomar, Gunn & Bradford, P.A.
P.O. Box 1897
Spartanburg, SC 29304
864-594-5309
Attorney for Williams Investment Company

Donald C. Coggins, Jr.
Harrison White Smith Hayes & Coggins, PA
P.O. Box 3547
Spartanburg, SC 29304
864-585-5100
Attorney for Smoke Oil, LLC and W.S. Moore, LLC
 

ORDERS:

ORDER OF DISMISSAL WITH PREJUDICE

This matter was before the Court upon a negotiated settlement of the case. The parties settled this action on the terms and conditions set forth in the Settlement Agreement and Release (Agreement), which is attached hereto as Exhibit A. As evidenced by counsel’s signatures appended to this Order, the parties agree that all terms and conditions of the Agreement have been fully satisfied.

Having approved this Agreement in my Consent Order, dated June 3, 2005, and now finding that its terms and conditions have been fully satisfied by all parties, I hereby dismiss the Petition in this matter with prejudice.

IT IS SO ORDERED.

______________________________

Marvin F. Kittrell

Chief Administrative Law Judge

 

Columbia, South Carolina

May 26, 2005

Signature Page for Order of Dismissal in the Case of Atchison Transportation Services, Inc. v. South Carolina Department of Revenue v. Smoke Oil Company, Inc., Williams Investment Company, Smoke Oil, LLC, and W.S. Moore, LLC

 

 

I consent that all terms and conditions outlined in the Settlement and Release Agreement executed by the above-referenced parties for the benefit of Atchison Transportation Services, Inc. have been fully satisfied.

 

 

 

ATCHISON TRANSPORTATION SERVICES, INC.

 

 

By:__________________________________________

Kenneth C. Anthony, Jr.

Anthony Law Firm

P.O. Box 3565

Spartanburg, SC 29304

864-582-2355

 

Attorney for Atchison Transportation Services, Inc.

 


Signature Page for Order of Dismissal in the Case of Atchison Transportation Services, Inc. v. South Carolina Department of Revenue v. Smoke Oil Company, Inc., Williams Investment Company, Smoke Oil, LLC, and W.S. Moore, LLC

 

 

I consent that all terms and conditions outlined in the Settlement and Release Agreement executed by the above-referenced parties for the benefit of South Carolina Department of Revenue have been fully satisfied.

 

 

 

SOUTH CAROLINA DEPARTMENT OF REVENUE

 

 

By:__________________________________________

Leonard P. Odom

Counsel for Revenue Litigation

P.O. Box 12265

Columbia, SC 29211

803-898-5130

 

Attorney for South Carolina Department of Revenue

 


Signature Page for Order of Dismissal in the Case of Atchison Transportation Services, Inc. v. South Carolina Department of Revenue v. Smoke Oil Company, Inc., Williams Investment Company, Smoke Oil, LLC, and W.S. Moore, LLC

 

 

I consent that all terms and conditions outlined in the Settlement and Release Agreement executed by the above-referenced parties for the benefit of Williams Investment Company have been fully satisfied.

 

 

 

WILLIAMS INVESTMENT COMPANY

 

 

By:__________________________________________

Walter M. White

Holcombe, Bomar, Gunn & Bradford, P.A.

P.O. Box 1897

Spartanburg, SC 29304

864-594-5309

 

Attorney for Williams Investment Company

f/k/a Smoke Oil Company, Inc.

 


Signature Page for Order of Dismissal in the Case of Atchison Transportation Services, Inc. v. South Carolina Department of Revenue v. Smoke Oil Company, Inc., Williams Investment Company, Smoke Oil, LLC, and W.S. Moore, LLC

 

 

I consent that all terms and conditions outlined in the Settlement and Release Agreement executed by the above-referenced parties for the benefit of Smoke Oil, LLC and W.S. Moore, LLC have been fully satisfied.

 

 

 

SMOKE OIL, LLC AND W.S. MOORE, LLC

 

 

By:__________________________________________

Donald C. Coggins, Jr.

Harrison White Smith Hayes & Coggins, PA

P.O. Box 3547

Spartanburg, SC 29304

864-585-5100

 

Attorney for Smoke Oil, LLC and


Brown Bldg.

 

 

 

 

 

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