STATE v. TRANSCONTINENTAL GAS PIPE LINE CORP.

No. 10418.

292 S.W.2d 826 (1956)

The STATE of Texas et al., Appellants, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 8, 1956.


Attorney(s) appearing for the Case

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

James B. Henderson, William M. Rice, Pat F. Timmons, Fulbright, Crooker, Freeman, Bates & Jaworski, Austin C. Wilson, Houston, for appellee.


GRAY, Justice.

This appeal by the State is from a judgment awarding appellee Transcontinental Pipe Line Corporation a recovery of $50,547.99 paid under the provisions of Art. 7057f, Vernon's Ann.Civ.St., and commonly referred to as the Gas Gathering Tax Statute. This statute has been declared unconstitutional. Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157, 74 S.Ct. 396, 98 L.Ed. 583.

The taxes were paid without protest...

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