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CUMMINS ENGINE COMPANY v. THOMAS

20306

267 S.C. 521 (1976)

230 S.E.2d 217

CUMMINS ENGINE COMPANY, INC., Respondent-Appellant, v. William O. THOMAS, Jr., Treasurer for Charleston County, Appellant-Respondent.

Supreme Court of South Carolina.

November 10, 1976.

Attorney(s) appearing for the Case

Messrs. Thomas G. Buist and Rutherford P.C. Smith, of Furman, Jenkins & Buist, North Charleston, for Appellant-Respondent.

Messrs. Huger Sinkler and Charles F. Ailstock, of Sinkler Gibbs Simons & Guerard, Charleston, for Respondent-Appellant.

November 10, 1976.

LITTLEJOHN, Justice.

This action was brought by Cummins Engine Company, Inc. (Cummins) for the recovery of property taxes paid under protest to the Treasurer of Charleston County (Treasurer) with respect to Cummins' diesel engine assembly plant.

In its complaint, Cummins alleged it was entitled to recover at least some part of its tax payment on two alternative grounds. The facts on which...

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