COCA-COLA CO. v. COBLE

No. 57.

238 S.E.2d 780 (1977)

293 N.C. 565

The COCA-COLA COMPANY v. J. Howard COBLE, Secretary of Revenue of the State of North Carolina.

Supreme Court of North Carolina.

November 11, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. Myron C. Banks, Raleigh, for defendant-appellee.

Blanchard, Tucker, Twiggs & Denson by Charles F. Blanchard and R. Paxton Badham, Jr., Raleigh, for plaintiff-appellant.


COPELAND, Justice.

Plaintiff argues on this appeal that it is entitled to refund of a portion of its soft drink excise tax payments for the years in question. For reasons indicated below, this contention is overruled and the judgment of the Court of Appeals is affirmed.

While the tax in fact paid under G.S. 105-113.51 is not alleged to be unlawful, plaintiff maintains that, but for an unlawful restriction, it would have paid under the more favorable method...

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