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HAWES v. CUMBERLAND CONTRACTING COMPANY

422 S.W.2d 713 (1967)

Peyton S. HAWES, as State Revenue Commissioner of the State of Georgia, etc., Appellant, v. CUMBERLAND CONTRACTING COMPANY, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing January 12, 1968.

Attorney(s) appearing for the Case

E. Gordon Bertram, Jr., Bertram & Bertram, Monticello, Arthur K. Bolton, Atty. Gen. of Georgia, Atlanta, Ga., William L. Harper, John A. Blackmon, Asst. Attys. Gen. of Georgia, Atlanta, Ga., for appellant.

Bruce H. Phillips, Monticello, for appellee.

PALMORE, Judge.

The Revenue Commissioner of Georgia (hereinafter called the Commissioner) appeals from a summary judgment dismissing his suit in the Wayne Circuit Court on a 1963 judgment obtained against the appellee company (hereinafter called Cumberland) in the Superior Court of Houston County, Georgia.

In the year 1953 Cumberland did substantial business in Georgia but has done no business there since. Nor has Cumberland at any time had a residence, place...

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