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McDOWELL DEVELOPMENT CORP. v. FERGUSON

579 S.W.2d 863 (1978)

McDOWELL DEVELOPMENT CORPORATION, Plaintiff-Appellant, v. Glenn FERGUSON, Trustee, Metropolitan Government of Nashville and Davidson County, Tennessee and Jane Ann Woods, Commissioner of Revenue of the State of Tennessee, Defendants-Appellees.

Court of Appeals of Tennessee, Western Section.

Certiorari Denied April 9, 1979.

Attorney(s) appearing for the Case

J. Michael Franks, Manier, White, Herod, Hollabaugh & Smith, Nashville, for plaintiff-appellant.

John P. Long and James D. Luther, Nashville, Metropolitan attorney for Metro Government.

Certiorari Denied by Supreme Court April 9, 1979.

MATHERNE, Judge.

The plaintiff sues for a refund of taxes paid to the defendant metropolitan government for the years 1972 through 1976 on approximately 10 acres of land erroneously assessed to the plaintiff for those years. The plaintiff alleged that the taxes were assessed and paid through the mutual mistake of the parties. The defendants filed a motion to dismiss on the ground that the statutory remedy for...

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