STATE OF GA. v. COCA-COLA BOTTLING CO.

19360.

212 Ga. 630 (1956)

94 S.E.2d 708

STATE OF GEORGIA et al. v. COCA-COLA BOTTLING CO.

Supreme Court of Georgia.

Decided September 7, 1956.

Rehearing Denied October 11, 1956.


Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, H. Grady Almand, Jr., Wm. L. Norton, Jr., Assistant Attorneys-General, Broadus B. Zellars, Ben F. Johnson, Jr., Deputy Assistant Attorneys-General, Benjamin B. Blackburn, III, for plaintiff in error.

Edward R. Kane, Jones, Williams, Dorsey & Kane, contra.


CANDLER, Justice.

The Coca-Cola Bottling Company, a corporation with its principal office and place of business in Fulton County, Georgia, sued the State of Georgia and Georgia's Revenue Commissioner for a refund of $35,547.62 on the amounts of income tax paid by it for the years 1949, 1950, and 1951, alleging the amount sued for to be overpayments. The defendants demurred to the petition on the ground that it stated no cause of action, and by their amended answer...

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