DAVISON, Justice.
Oklahoma Tax Commission (defendant below) appeals from a judgment sustaining a motion for summary judgment in favor of K.E. McAfee, et al, (plaintiffs below).
Our narration of the pleadings and circumstances will be limited to those matters necessary to a determination of this appeal.
Plaintiffs filed suit to recover from the defendant a sum in excess of $120,000.00, assessed against them for income taxes, and paid under protest,...
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