MORTON PHARMACEUTICALS, INC. v. MacFARLAND


368 S.W.2d 756 (1963)

MORTON PHARMACEUTICALS, INC., Appellee, v. Alfred T. MacFARLAND, Commissioner, etc., Appellant.

Supreme Court of Tennessee.

June 4, 1963.


Attorney(s) appearing for the Case

George F. McCanless, Atty. Gen., Milton P. Rice, Walker T. Tipton, Asst. Attys. Gen., Nashville, for appellant.

H. A. McBride and Thomas F. Johnston, Memphis, Armstrong, McCadden, Allen, Braden & Goodman, Memphis, of counsel, for appellee.


BURNETT, Chief Justice.

This suit was originally filed by the appellee to recover use taxes paid under protest. The Chancellor determined the matter in favor of the taxpayer and against the Commissioner, who has seasonably appealed to this Court.

The appellee is a drug manufacturer and wholesaler in Memphis, Tennessee, and in conducting this business it purchases from various suppliers large quantities of non-drug items which it distributes among its physician...

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