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EVANS v. MEMPHIS DAIRY EXCHANGE

250 S.W.2d 547 (1952)

EVANS v. MEMPHIS DAIRY EXCHANGE, INC.

Supreme Court of Tennessee.

July 11, 1952.

Attorney(s) appearing for the Case

Roy H. Beeler, Atty. Gen., Allison B. Humphreys, Sol. Gen., Nashville, and Milton P. Rice, Asst. Atty. Gen., for petitioner in error.

Kenneth C. Larkey, C.B. Dudley, Jr., Memphis, R.T. Cochran, Nashville, for defendant in error.

TOMLINSON, Justice.

Memphis Dairy Exchange, Inc., is engaged in the business of selling milk bottles to retail distributors of milk. These retail distributors use these bottles as containers in packaging milk for delivery to consumers. The consumer is required to pay the distributor three (3¢) cents for this bottle as a means of assuring its return to the distributor.

The Commissioner construed the sale of such milk bottles by the Dairy Exchange to the...

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