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CAROLINA MFG. CO. v. CITY OF GREENVILLE

19649

260 S.C. 580 (1973)

197 S.E.2d 665

CAROLINA MANUFACTURING CO., Respondent, v. The CITY OF GREENVILLE, South Carolina, and J. Henry Chapman, Treasurer of the City of Greenville, South Carolina, Appellants.

Supreme Court of South Carolina.

June 28, 1973.

Attorney(s) appearing for the Case

Messrs. Love, Thornton, Arnold & Thomason and Robert O. Conoley, of Greenville, for Appellants.

Donald L. Ferguson, Esq., of Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, for Respondent.

Messrs. Love, Thornton, Arnold & Thomason and Robert O. Conoley, of Greenville, for Appellants, in Reply.

June 28, 1973.

LITTLEJOHN, Justice:

Three actions for recovery of taxes paid under protest were consolidated by agreement of counsel and tried before Judge Frank Eppes without a jury. In the actions, plaintiff Carolina Manufacturing Company seeks recovery for taxes paid to defendant City of Greenville under protest for the years 1970, 1971 and 1972. Such actions are permitted by the South Carolina Code, § 65-2661 et seq. (1962).

The parties...

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