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STATE v. MAYOR AND ALDERMEN OF DYERSBURG

235 S.W.2d 814 (1951)

STATE ex rel. v. MAYOR AND ALDERMEN OF DYERSBURG et al.

Supreme Court of Tennessee.

January 13, 1951.

Attorney(s) appearing for the Case

Barret Ashley, Dyersburg, for complainants.

M. Watkins Ewell, Dyersburg, for defendants.

TOMLINSON, Justice.

Section 15, Subsection 5, Item (1) of the Tennessee Sales Tax Act, Chapter 3, Public Acts of 1947, provides that when the receipts from that tax exceed $20,000,000 in any fiscal year, then 80% of such excess (this excess being called "overage funds") "shall be paid to the several Counties of the State" pro rated by a specified formula, and that the funds so paid to the respective counties "shall be earmarked and used only for educational purposes...

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