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CALVERT v. GENERAL ASPHALT COMPANY

No. 11434.

409 S.W.2d 935 (1966)

Robert S. CALVERT, Comptroller of Public Accounts of Texas, Appellant, v. GENERAL ASPHALT COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

December 14, 1966.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., H. Grady Chandler and Gordon C. Cass, Asst. Attys. Gen., Austin, for appellant.

Wilson, Kendall, Koch & Randle, Joe A. Osborn, Austin, for appellee.

HUGHES, Associate Justice.

This suit was by General Asphalt Company, appellee, against Robert S. Calvert, Comptroller of Public Accounts of the State of Texas, appellant, to recover taxes, penalties and interest imposed by Art. 20.01 et seq., Title 122A, Taxation-General Vol. 20A, V.A.T.C.S., "Limited Sales, Excise and Use Act," which it paid under protest. Trial to the court resulted in judgment for appellee.

The only question presented is whether appellee...

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