CARNEY v. SOUTHWESTERN MOTOR TRANSPORT

No. A-4528.

267 S.W.2d 802 (1954)

CARNEY, Secretary of State, et al. v. SOUTHWESTERN MOTOR TRANSPORT, Inc.

Supreme Court of Texas.

May 12, 1954.


Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., and W. V. Geppert, William W. Guild and L. P. Lollar, Asst. Attys. Gen., for petitioners.

Ewell H. Muse, Jr., and Morgan Nesbitt, Austin, for respondent.


GRIFFIN, Justice.

Respondent filed suit for a refund of franchise taxes paid under the protest tax statute, Art. 7057b, Vernon's Annotated Texas Civil Statutes, to petitioner as Secretary of State under Clause (1) of Article 7084, Vernon's Annotated Texas Civil Statutes. Respondent claims that it should pay the franchise tax under Clause (3) of Article 7084, as a "public utility". Judgment of the trial court was in favor of respondent, and this judgment was affirmed...

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