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HERVEY v. TYSON'S FOODS, INC.

No. 5-5867.

480 S.W.2d 592 (1972)

A. B. HERVEY, Jr., Commissioner of Revenue, Appellant, v. TYSON'S FOODS, INC., et al., Appellees.

Supreme Court of Arkansas.

May 29, 1972.

Attorney(s) appearing for the Case

Lyle Williams, Chief Counsel, R. David Lewis and Dewey Moore, Jr., Attys., Legal Div., Dept. of Finance and Administration, Little Rock, for appellant.

Crouch, Blair, Cypert & Waters, Springdale, for appellees.

BROWN, Justice.

This action was instituted by Tyson's Foods, Inc., and its wholly owned subsidiary, Tyson's Feeds, Inc., poultry processors and distributors, to recover gross receipts taxes (sales) and compensating (use) taxes paid under protest. (Throughout the opinion the appellees will be referred to as Tyson.) The audit forming the basis of tax assessments herein treated was for a four-year period. The chancellor held that Tyson was entitled to prevail and recover...

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