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TEXAS CO. v. MILLER

No. 12142.

165 F.2d 111 (1947)

TEXAS CO. v. MILLER. In re SITTON & HERBERT.

Circuit Court of Appeals, Fifth Circuit.

December 30, 1947.

Attorney(s) appearing for the Case

F. T. Baldwin, of Houston, Tex., for appellant.

O. C. Funderburk, of Tyler, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

WALLER, Circuit Judge.

Under the statutes of Texas, Articles 7065b — 1 to 7065b — 29, Vernon's Annotated Civil Statutes of Texas, the user of gasoline in tractors, stationary gas engines, motor boats, and the like is entitled to a refund of the gasoline taxes paid the State upon a presentation of an exemption certificate issued by a licensed refund dealer and other documents showing that the gasoline was not used on the highway and that the taxes thereon...

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