OPINION
COOPER, Justice.
This action was brought by appellant to recover franchise and excise taxes assessed against it and paid under protest. Appellant filed franchise and excise tax returns for its fiscal years ending January 31, 1971, through January 31, 1974, and paid taxes on earnings and capital apportioned to Tennessee under the formulae set forth in Tenn. Code Anno. §§ 67-2708 and 67-2914, as then in force. On auditing the returns and...
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