OPINION
JOHN W. WILSON, Special Justice.
The parties will be referred to as in the trial court; that is, Tennessee Blacktop, Inc., as plaintiff, and Thomas D. Benson, Commissioner of Revenue, State of Tennessee, as Commissioner.
The plaintiff filed this action in Part I of Chancery Court of Davidson County seeking to recover from the Commissioner the sum of $34,143.22, plus penalty and interest, which sum it paid under protest with all rights reserved...
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