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UNITED INTER-MOUNTAIN TELEPHONE CO. v. MOYERS

426 S.W.2d 177 (1968)

UNITED INTER-MOUNTAIN TELEPHONE COMPANY et al., Appellant, v. Hardy R. MOYERS, Commissioner, etc., Appellee.

Supreme Court of Tennessee.

March 18, 1968.

Attorney(s) appearing for the Case

MacFarland & Colley and William B. Cain, Columbia, for appellant.

George F. McCanless, Atty. Gen., and Milton P. Rice, Deputy Atty. Gen., Nashville, for appellee.

OPINION

HUMPHREYS, Justice.

United Inter-Mountain and United Utilities sued the Commissioner to recover a certain part of gross receipts taxes paid pursuant to T.C.A. § 67-4102, Item Q. A demurrer to their bill was sustained, the Chancellor holding the case was ruled by General Telephone Co. of the Southeast v. Boyd, 208 Tenn. 24, 343 S.W.2d 872 (1960), and Tennessee Trailways, Inc. v. Butler, 213 Tenn. 136,

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