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NASHVILLE & DECATUR RAILROAD COMPANY v. ATKINS

489 S.W.2d 837 (1973)

NASHVILLE & DECATUR RAILROAD COMPANY, Complainant-Appellant, v. Z.D. ATKINS, Commissioner of Finance and Taxation, State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee.

January 22, 1973.

Attorney(s) appearing for the Case

David M. Keeble, Hooker, Keeble, Dodson & Harris, Nashville, for complainant-appellant.

David M. Pack, Atty. Gen., State of Tennessee, Milton P. Rice, Deputy Atty. Gen., Everett H. Falk, Asst. Atty. Gen., Nashville, for defendant-appellee.

OPINION

SHRIVER, Special Justice.

This is a declaratory judgment suit filed by complainant, Nashville & Decatur Railroad Company, to determine whether the Railroad Company is liable for excise and franchise taxes under Tennessee statutes, Section 67-2711 et seq., and 67-2917 et seq., T.C.A. After a hearing on the pleadings, stipulation of facts and exhibits, and argument of counsel, the Chancellor held the complainant liable for the taxes in question...

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