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GILMAN PAINT & VARNISH CO. v. CARSON

229 S.W.2d 330 (1950)

GILMAN PAINT & VARNISH CO. v. CARSON, Commissioner of Finance & Taxation.

Supreme Court of Tennessee.

Rehearing Denied April 29, 1950.

Attorney(s) appearing for the Case

Chambliss, Chambliss & Brown, Chattanooga, for appellant.

Roy H. Beeler, Attorney General, William F. Barry, Solicitor General, Nashville, and Harry Phillips, Assistant Attorney General, for appellee.

TOMLINSON, Justice.

For a number of years Gilman Pain and Varnish Company has used liquid carbonic acid gas in the manufacture of varnish. During all this time there existed in Code, § 1167 et seq., the provision that every dealer other than a distributor "who, in the course or conduct of, or as an incident to, his business in this state, uses liquid carbonic acid gas or substitutes therefor in the preparation and/or mixing and/or sale of soft drinks or other...

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