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GENERAL ATLAS CARBON CO. v. SHEPPARD

No. 39 Civ.

37 F.Supp. 51 (1940)

GENERAL ATLAS CARBON CO. v. SHEPPARD, Comptroller of Public Accounts, et al.

District Court, W. D. Texas, Austin Division.

March 4, 1940.

Attorney(s) appearing for the Case

Morgan, Culton, Morgan & Britain, of Amarillo, Tex., for plaintiff.

Gerald C. Mann, Atty. Gen. of Texas, and Glenn R. Lewis and Hirschie J. Johnson, Assts. to Atty. Gen. of Texas, all of Austin, Tex., for defendants.

McMILLAN, District Judge.

General Atlas Carbon Company, a Delaware corporation, filed this suit against Geo. H. Sheppard, Comptroller of Public Accounts of the State of Texas, Charley Lockhart, State Treasurer, and Gerald C. Mann, Attorney General of Texas, to recover the sum of $47,570.51 theretofore paid by plaintiff to the Comptroller under protest and deposited in the Suspense Account of the State of Texas. Of that amount, $40,647.37 had been demanded by the Comptroller...

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