STATE v. SOUTHERN ELECTRIC GENERATING COMPANY

3 Div. 2.

151 So.2d 216 (1963)

STATE of Alabama v. SOUTHERN ELECTRIC GENERATING COMPANY.

Supreme Court of Alabama.

March 14, 1963.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and Herbert I. Burson, Jr., Asst. Atty. Gen., for appellant.

Steiner, Crum & Baker, Montgomery, and Martin, Vogtle, Balch & Bingham, Birmingham, for appellee.


MERRILL, Justice.

This is an appeal from a final decree setting aside an attempted assessment of license tax by the State Department of Revenue under the provisions of Tit. 51, § 178, Code 1940, against Southern Electric Generating Co., hereinafter called SEGCO.

The pertinent part of Tit. 51, § 178, provides: "Each person, firm or corporation operating an electric or hydroelectric public utility shall pay to the state a license tax equal to four...

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