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STATE v. AKIN PRODUCTS COMPANY

No. 12858.

279 S.W.2d 409 (1955)

STATE of Texas, Appellant, v. AKIN PRODUCTS COMPANY et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied June 1, 1955.

Attorney(s) appearing for the Case

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

Ewers, Cox & Toothaker, Cox, Patterson & Freeland, Orville I. Cox, Wm. E. York, McAllen, Kelley, Looney, McLean & Littleton, Edinburg, for appellee.

POPE, Justice.

Plaintiffs sued the State of Texas to recover taxes that they claim they paid to the State under the duress of an unconstitutional law. The State has appealed from a summary judgment for the plaintiffs, and a denial of the State's prayer for summary judgment.

In 1949, the Texas Legislature enacted the Texas Citrus Commission Act, H.B. 29, Acts 51st Leg., R.S. 1444, Ch. 93, p. 150. The Act was amended in 1951. H.B. 36, Acts 52d Leg., R.S. 1451...

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