GOODWYN, Justice.
Appellee, the First National Bank of Auburn, appealed to the circuit court of Montgomery County, in equity, from a final excise tax assessment made by the State on March 20, 1959. After an oral hearing, the trial court rendered a decree invalidating the assessment. The State brings this appeal from that decree.
The excise tax involved is that prescribed for financial institutions under the provisions of Code 1940, Tit. 51, § 425 et seq...
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