ESSO STANDARD OIL CO. v. EVANS


250 S.W.2d 569 (1952)

ESSO STANDARD OIL CO. v. EVANS, Com'r of Finance & Taxation.

Supreme Court of Tennessee.

Rehearing Denied July 11, 1952.


Attorney(s) appearing for the Case

Walker & Hooker, Cummings & Crabtree, Joe Brown Cummings and K. Harlan Dodson, Jr., all of Nashville, for Evans.

Waller, Davis & Lansden, Nashville, for Esso Standard Oil Co.

Ellis N. Slack, Acting Asst. Atty. Gen., and Berryman Green, Sp. Asst. to the Atty. Gen., for the United States, intervenor.


GAILOR, Justice.

The bill in this cause was filed to recover certain gasoline taxes paid under protest by the complainant on demand of the defendant. In the Chancery Court, because certain governmental immunity was asserted, the Chancellor permitted the United States Government to file an intervening petition. For brevity and to conform with the method adopted by the parties, we will refer, in this opinion, to the complainant as "Esso;" to the defendant as "State...

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