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CAPE FEAR PAGING CO. v. HUDDLESTON

937 S.W.2d 787 (1996)

CAPE FEAR PAGING COMPANY, d/b/a Cue Paging of Tennessee and Kentucky, Plaintiff-Appellant, v. Joe B. HUDDLESTON, Commissioner of Revenue, State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

August 26, 1996.

Attorney(s) appearing for the Case

C. Michael Norton, Janet P. Sparkman, Wyatt, Tarrant & Combs, Nashville, for Plaintiff-Appellant.

Charles W. Burson, Attorney General & Reporter, Michael E. Moore, Solicitor General, Charles L. Lewis, Deputy Attorney General, Nashville, for Defendant-Appellee.

OPINION

REID, Justice.

This case presents for review the decision of the Court of Appeals, affirming the judgment of the trial court, which denied the appellant taxpayer's claim for the refund of sales taxes. This Court finds that the taxpayer is entitled to the refund claimed. The Court of Appeals is reversed.

THE CASE

The taxpayer, Cape Fear Paging Company ("Cape Fear"), is a Tennessee corporation engaged in the business...

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