FULGHAM v. GULF, COLORADO & SANTA FE RAILWAY CO.

No. 10380.

288 S.W.2d 811 (1956)

C. E. FULGHAM, Secretary of State, et al., Appellants. v. GULF, COLORADO & SANTA FE RAILWAY Co., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 28, 1956.


Attorney(s) appearing for the Case

John Ben Shepperd, Atty. Gen., W. V. Geppert, L. P. Lollar and Henry Gates Steen, Asst. Attys. Gen., for appellants.

Wigley, McLeod, Mills & Shirley, Galveston, C. K. Richards, Austin, for appellee.


GRAY, Justice.

This suit was brought by appellee, Gulf, Colorado & Santa Fe Railway Company, against appellants, the Secretary of State, the Attorney General and the State Treasurer in their official capacities to recover franchise taxes and penalties paid under protest together with interest. A nonjury trial resulted in a judgment for appellee.

Appellee is a railroad corporation operating in Texas and other states. A portion of its lines of railroad in...

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