
    C. I. T. Corporation v. A. H. Stone, Chairman of State Tax Commission, et al.
    
    (In Banc.
    April 27, 1942.
    Suggestion of Error Overruled June 8, 1942.)
    [7 So. (2d) 811.
    No. 34974.]
    Watkins & Eager, of Jackson, for C. I. T. Corporation.
    
      Greek L. Rice, Attorney-General, by Geo. H. Ethridge, Assistant Attorney-General, J. H. Sumrall, of Jackson, and R. W. Heidelberg, of Hattiesburg, for A. H. Stone, Chairman State Tax Commission.
    
      Argued orally by W. H. Watkins, for appellant, and by R. W. Heidelberg, J. H. Sumrall and Geo. H. Ethridge, for appellee.
   Smith, C. J.,

delivered the opinion of the court.

This case is governed by Stone, Chairman, v. General Contract Purchase Corporation, 193 Miss. 301, 7 So. (2d) 806, this day decided. Consequently, the decree of the court below will be affirmed insofar as it denies the appellant a recovery herein', and will be reversed insofar as it awards the appellant a recovery and its bill praying therefor will be dismissed.

So ordered.

Alexander, J.,

delivered a specially concurring opinion.

I concur in the result reached herein, but upon the grounds set forth in the concurring opinion in Stone v. General Contract Purchase Corporation, 193 Miss. 317, 7 So. (2d) 806, this day decided.

Griffith, J., concurs in the foregoing statement.

Affirmed by U. S. Supreme Court, 87 L. Ed. 23.  