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SCOTCH LUMBER COMPANY v. HORN

3 Div. 766.

89 So.2d 578 (1956)

SCOTCH LUMBER COMPANY, Inc. v. W. Larue HORN, Commissioner of Revenue.

Supreme Court of Alabama.

September 6, 1956.

Attorney(s) appearing for the Case

Adams, Gillmore & Adams, Grove Hill, for appellant.

John Patterson, Atty. Gen., and Willard W. Livingston, and Wm. H. Burton, Asst. Atty. Gen., for appellee.

MERRILL, Justice.

The appellant, Scotch Lumber Company, Inc., filed a bill for declaratory judgment seeking a judicial interpretation of Section 585 of Title 51, Alabama Code of 1940. The statute, as amended in 1945, provides:

"Each person, firm or corporation engaged in operating a saw mill, heading mill or stave mill shall pay a privilege tax according to capacity as follows: Those having a capacity of five thousand feet or less per day, ten dollars; those...

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