STATE v. TRAVELERS INS. CO.

3 Div. 586.

53 So.2d 745 (1951)

STATE v. TRAVELERS INS. CO.

Supreme Court of Alabama.

Rehearing Denied June 28, 1951.


Attorney(s) appearing for the Case

A. A. Carmichael, Atty. Gen., and Willard W. Livingston and M. Roland Nachman, Jr., Asst. Attys. Gen., for appellant.

Spain, Gillon, Grooms & Young, Frank E. Spain, and Ralph B. Tate, all of Birmingham, for appellee.


SIMPSON, Justice.

The State has appealed from a decree overruling its demurrer to the bill of appellee filed in the circuit court, in equity, to challenge an assessment made by the Department of Revenue for its annual franchise tax.

The assessment was for the year 1949 and under the law the appellee was required to pay an annual franchise tax of $2.00 on "each one thousand dollars of the actual amount of capital employed...

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