KYLE, J.
This case is before us on appeal by the Mississippi Employment Security Commission from a judgment of the Circuit Court of the First Judicial District of Hinds County reversing an order of the Commission disallowing an application for a refund of state unemployment taxes paid by the appellee, Plumbing Wholesale Company, to the Commission.
The tax levied by the Commission was levied under authority of Chapter 295, Laws of Mississippi, 1940,
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