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
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