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OXFORD v. NEHI CORPORATION

20380.

215 Ga. 74 (1959)

109 S.E.2d 329

OXFORD, State Revenue Commissioner, et al. v. NEHI CORPORATION.

Supreme Court of Georgia.

Decided April 9, 1959.

Adhered To On Rehearing May 8, 1959.

Rehearing Denied June 5, 1959.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Ben F. Johnson, Jr., Robert H. Walling, John M. Bowling, Deputy Assistant Attorneys-General, for plaintiffs in error.

Swinson, Elliott & Schloth, J. Robert Elliott, Willis Battle, contra.

John Izard, Furman Smith, for parties at interest not parties to record.

ALMAND, Justice.

This case originated in a suit by Nehi Corporation against the State Revenue Commissioner to recover stated sums alleged to have been collected illegally or erroneously by the Commissioner as income taxes for the years 1950-1954 inclusive. The case was tried by the court without the intervention of a jury upon the following agreed stipulation of facts:

1. "Plaintiff is a Delaware corporation with its principal office located in Columbus, Muscogee...

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