CALVERT v. SCHLUSSELBERG

No. 11641.

436 S.W.2d 577 (1969)

Robert S. CALVERT, Comptroller of Public Accounts of the State of Texas, Appellant, v. Siegfried SCHLUSSELBERG et al., dba Texas Sales Company, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 5, 1969.


Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Staff Asst., John R. Grace, Robert B. Davis, Asst. Attys. Gen., Austin, for appellant.

Peticolas, Luscombe & Stephens, John Luscombe, Jr., El Paso, for appellees.


O'QUINN, Justice.

The appellees, doing business in El Paso as the Texas Sales Company, brought this suit in district court of Travis County to recover certain sales taxes, penalty and interest, paid under protest following assessment by the State Comptroller.

During the years 1961 and 1962 the Texas Sales Company, operated by Siegfried Schlusselberg, Ali Schlusselberg, Henry Schlusselberg and Joachim Schlusselberg, made certain sales to Rudolfo Peretz and...

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