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GREEN v. SESAC, INC.

No. G-85.

177 So.2d 752 (1965)

Ray E. GREEN as Comptroller of the State of Florida, Appellant, v. SESAC, INC., a corporation, Appellee.

District Court of Appeal of Florida. First District.

August 10, 1965.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Gerald Mager, Asst. Atty. Gen., and W.R. Phillips, Sp. Asst. Atty. Gen., for appellant.

D. Fred McMullen and C. Graham Carothers, of Ausley, Ausley, McMullen, O'Bryan, Michaels & McGehee, Tallahassee, for appellee.

RAWLS, Chief Judge.

The Comptroller appeals a summary decree entered by the chancellor which held that Sesac was not liable for the payment of the gross receipts tax as provided in Section 543.28, Florida Statutes, F.S.A. The pertinent portion of said statute is as follows:

"There is levied, and there shall be collected, a tax, for the act or privilege of selling, licensing, or otherwise disposing of performing rights in compositions in this state, in an...

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