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NASHVILLE MOBILPHONE CO., INC. v. WOODS

655 S.W.2d 934 (1983)

NASHVILLE MOBILPHONE CO., INC., Plaintiff-Appellant, v. Jayne Ann WOODS, Commissioner, Tennessee Department of Revenue, Defendant-Appellee. MELROSE ELECTRONICS, INC., Plaintiff-Appellant, v. Jayne Ann WOODS, Commissioner, Tennessee Department of Revenue, Defendant-Appellee.

Supreme Court of Tennessee.

August 15, 1983.

Attorney(s) appearing for the Case

Clarence Evans, Winston S. Evans, Nashville, for plaintiffs-appellants.

Jimmy G. Creecy, Deputy Atty. Gen., Gregory L. Nelson, Asst. Atty. Gen., Nashville (William M. Leech, Jr., Atty. Gen., Nashville, of counsel), for defendant-appellee.

OPINION

HARBISON, Justice.

In these consolidated cases the taxpayers sought a refund of sales and use taxes paid under protest. The trial judge dismissed the actions, and taxpayers have appealed. Review is sought as to only two of the items in dispute in the trial court.

Nashville Mobilphone Company, Inc., is a radio common carrier as defined in T.C.A. §§ 65-30-101 to -112. It holds certificates...

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