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CALVERT v. YOAKUM INDUSTRIES, INC.

No. 11402.

403 S.W.2d 475 (1966)

Robert S. CALVERT et al., Appellants, v. YOAKUM INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 8, 1966.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Hawthorne Phillips, 1st Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., H. Grady Chandler and Kerns B. Taylor, Asst. Attys. Gen., Don Bishop, Comptroller's Office, Austin, for appellants.

Guittard, Henderson, Jones & Lewis, O. F. Jones III, Victoria, for appellee.

ARCHER, Chief Justice.

This suit was filed by appellee for the recovery of certain franchise taxes paid by it under protest pursuant to Article 1.05, Title 122A, Taxation-General, Vernon's Ann. Revised Civil Statutes of Texas, to appellant Comptroller, such taxes being claimed due from 1959 through 1964 under Article 12.01, et seq., Title 122A, Taxation-General, Vernon's Ann.R.C.S., of Texas. Appellee contended that the dividends received by it during the tax years...

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