STATE v. CONNECTICUT GENERAL LIFE INS. CO.

No. 11113.

372 S.W.2d 352 (1963)

The STATE of Texas et al., Appellants, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 20, 1963.


Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., H. Grady Chandler and W. E. Allen, Asst. Attys. Gen., Austin, Paul D. Connor, Asst. Commissioner of Insurance, Austin, for appellants.

Clark, Thomas, Harris, Denius & Winters, Conrad P. Werkenthin, Mary Jo Carroll, Austin, for appellee.


ARCHER, Chief Justice.

Appellee sued the State of Texas to recover an excess of occupation taxes paid by it to the State pursuant to Article 4769, Vernon's Civil Statutes of Texas, and Articles 3.34, 3.36 and 4.05, Vernon's Texas Insurance Code, for the years 1952 through 1957 and 1959.

Appellee's grounds for recovery were that these excess taxes were paid as a result of a mistake of fact on the part of Appellee in the nature of a clerical error, or in the...

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