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  5. 745 S.W.2d 269 (1988)
 

QUAKER OATS CO. v. JACKSON

745 S.W.2d 269 (1988)

The QUAKER OATS COMPANY, Plaintiff/Appellee, v. Donald W. JACKSON, Commissioner of Revenue, State of Tennessee, Defendant/Appellant.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied February 16, 1988.

Attorney(s) appearing for the Case

William H.D. Fones, Jr., Eugene J. Podesta, Jr., Memphis, for plaintiff/appellee.

W.J. Michael Cody, Atty. Gen. and Reporter, Charles L. Lewis, Deputy Atty. Gen., H. Rowan Leathers, III, Asst. Atty. Gen., Nashville, for defendant/appellant.

OPINION

BROOKS McLEMORE, Chancellor (Ret.), Special Judge by Designation.

The trial court ordered a refund of sales and use taxes paid under protest by plaintiff-appellee, Quaker Oats Company, hereinafter designated plaintiff, based upon a finding that the material taxed was "consumed" by plaintiff. The Tennessee Commissioner of Revenue has appealed and we reverse.

The Commissioner assessed the sales and use tax on a catalyst, 5% palladium on alumina...

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