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HOUSE OF TOBACCO, INC. v. CALVERT

No. 11307.

387 S.W.2d 74 (1965)

HOUSE OF TOBACCO, INC., Appellant, v. Robert S. CALVERT, State Comptroller of Public Accounts, State of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 24, 1965.

Attorney(s) appearing for the Case

Bernard & Bernard, Houston, for appellant.

Waggoner Carr, Atty. Gen., Hawthorne Phillips, First Asst. Atty. Gen., Stanton Stone, Executive Asst. Atty. Gen., Howard M. Fender and Sam L. Kelley, Asst. Attys. Gen., Austin, for appellee.

ARCHER, Chief Justice.

This is an action filed by House of Tobacco, Inc., against Robert S. Calvert, State Comptroller of Public Accounts, State of Texas, seeking to enjoin the Comptroller from forfeiting Distributor Cigarette Permit No. 179198-7, also, seeking a mandatory injunction for the return of approximately $3,005.70 of cigarettes which were removed from plaintiff's place of business on November 3, 1964, along with the books of the Corporation. Plaintiff was...

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