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  5. 908 S.W.2d 396 (1995)
 

AMERICAN CYANAMID CO. v. HUDDLESTON

908 S.W.2d 396 (1995)

AMERICAN CYANAMID COMPANY, Plaintiff/Appellant, v. Joe HUDDLESTON, Commissioner of Revenue of the State of Tennessee, Defendant/Appellee.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied June 9, 1995.

Application for Permission to Appeal Denied October 2, 1995.

Attorney(s) appearing for the Case

John Thomas Feeney, Lee Anne Murray, Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan, Nashville, Kevin Giordano, Senior Tax Counsel, American Cyanamid Company, Wayne, New Jersey, for Plaintiff/Appellant.

Charles W. Burson, Attorney General and Reporter, Daryl J. Brand, Senior Counsel, Attorney General's Office, Tax Division, Nashville, for Defendant/Appellee.

Application for Permission to Appeal Denied by Supreme Court October 2, 1995.

OPINION

TODD, Presiding Judge, Middle Section.

Plaintiff has appealed from the non-jury dismissal of its suit for refund of sales/use tax assessed and paid upon the free distribution of prescription drugs to physicians.

Plaintiff presents the issues for review in the following form:

A. Whether the trial court erred when it determined that prescription...

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