MILLIKEN, Justice.
This is an appeal from a judgment of the Franklin Circuit Court sustaining a general demurrer and dismissing the petition upon the ground that it stated no cause of action.
On April 2, 1951, C. Ralph Fontaine, now the appellant, filed a declaratory judgment action against the Department of Finance seeking a refund of income taxes assessed against him for 1948 and 1949 and paid by him under protest in January, 1951, in order to prevent the...
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