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CAROLINA COCA-COLA BOT. CO. v. S.C. TAX COMM.

18877

252 S.C. 306 (1969)

166 S.E.2d 225

CAROLINA COCA-COLA BOTTLING COMPANY, Respondent, v. The SOUTH CAROLINA TAX COMMISSION and Robert C. Wasson, Chairman, James A. Calhoun and Wyatt E. Durham, constituting the members of the South Carolina Tax Commission, Appellants.

Supreme Court of South Carolina.

February 20, 1969.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and Joe L. Allen, Jr. and G. Lewis Argoe, Jr. Assistant Attorneys General, of Columbia, for Appellants.

Messrs. R. Kirk McLeod, and Ramon Schwartz, Jr., of Sumter, for Respondent.

February 20, 1969.

BRAILSFORD, Justice.

Carolina Coca-Cola Bottling Company brought this action against The South Carolina Tax Commission to recover $12,385.44 paid under protest for 10,152 gross of soft drink license tax crowns used in 1967 at its Chester bottling plant. The company also operated a bottling plant at Sumter and during the same period used 48,065 crowns at that plant. Under the terms of Section 65-775, Code of 1962, the company claimed and...

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