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MULDROW v. TEXAS FROZEN FOODS

No. 10417.

293 S.W.2d 221 (1956)

A. M. MULDROW et al., Appellants, v. TEXAS FROZEN FOODS, Inc., 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.

Kelley, Looney, McClean & Littleton, Willard E. Dollahon, Edinburg, for appellee.

HUGHES, Justice.

This suit was by appellee, Texas Frozen Foods, Inc. against A. M. Muldrow, Jesse James, John Ben Shepperd, Secretary of State, Treasurer and Attorney General, respectively, of the State of Texas.

The object of the suit was to recover $627 paid under protest as a penalty for alleged failure of Frozen Foods to pay its corporate franchise tax for the year 1956 on time. The trial was nonjury.

The judgment for appellee recited:

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