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CALVERT v. McLEMORE

No. A-8883.

358 S.W.2d 551 (1962)

Robert S. CALVERT et al., Appellants, v. Edward E. McLEMORE, Jr., dba "Big `D' Jamboree", Appellee.

Supreme Court of Texas.

June 27, 1962.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Austin, J. H. Broadhurst, Asst. Atty. Gen., for appellant.

Jackson C. Burroughs, Dallas, for appellee.

WALKER, Justice.

This is a direct appeal under the provisions of Article 1738a, Vernon's Ann.Tex. Civ.Stat. The trial court denied a temporary injunction on the ground that Section 1 of Article 21.02, V.A.T.S. Tax.-Gen., is unconstitutional. This statute purports to levy a tax of one cent on each ten cents or fractional part thereof paid as admission to entertainments such as motion pictures, operas, plays and like amusements...

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