MEMPHIS BANK AND TRUST CO. v. GARNER


624 S.W.2d 551 (1981)

MEMPHIS BANK AND TRUST COMPANY, Plaintiff-Appellee, v. Riley C. GARNER, Shelby County Trustee, and Glenn E. Foster, Treasurer of the City of Memphis, Tennessee, and William M. Leech, Jr., Attorney General for the State of Tennessee, Defendants-Appellants.

Supreme Court of Tennessee.

November 30, 1981.


Attorney(s) appearing for the Case

J. Minor Tait, Jr., Asst. County Atty., Mary Margaret Weddington, William C. Batemen, Jr., Asst. County Atty., Memphis, Joe C. Peel, Asst. Atty. Gen., Nashville, for defendants-appellants; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

David C. Scruggs and Andrew H. Raines, Memphis, for plaintiff-appellee.


OPINION

HARBISON, Chief Justice.

Appellee paid under protest and sought recovery of the local bank excise tax for the years 1977 and 1978. It contended that the taxing statute was unconstitutional and unenforceable insofar as it required inclusion of interest on federal obligations in measuring the tax. The Chancellor allowed recovery, holding that the state statute was contrary to federal exemption statutes, such as 31 U.S.C. § 742, and to the Supremacy...

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