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HERMITAGE MEMORIAL GARDENS, ETC. v. DUNN

541 S.W.2d 147 (1976)

HERMITAGE MEMORIAL GARDENS MAUSOLEUM AND MEMORIAL CHAPEL, INC., Appellant, v. Winfield DUNN, etc., et al., Appellees.

Supreme Court of Tennessee.

August 30, 1976.

Attorney(s) appearing for the Case

Joel H. Moseley, Nashville, for appellant.

William J. Haynes, Jr., Asst. Atty. Gen., Nashville, for appellees; R.A. Ashley, Jr., Atty. Gen., Nashville, of counsel.

OPINION

BROCK, Justice.

The plaintiff taxpayer, under protest, paid taxes assessed and collected by the defendants and sues to recover them back. The alleged tax liability arises under the Business Tax Act, T.C.A. § 67-5801 et seq., the pertinent provisions of which are to-wit:

"67-5802. Privileges affected for local taxation. — .. . the making of sales by engaging in any vocation, occupation, business or business activity enumerated...

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