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CALVERT v. ENGINEERS & FABRICATORS, INC.

No. 11666.

440 S.W.2d 320 (1969)

Robert S. CALVERT, Comptroller of Public Accounts of Texas, Appellant, v. ENGINEERS & FABRICATORS, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 7, 1969.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Executive Asst. Atty. Gen., W. V. Geppert, Staff Legal Asst. Atty. Gen., John R. Grace, Alfred Walker, Asst. Attys. Gen., Austin, for appellant.

Eastham & Meyer, Sam Dawkins, Jr., Houston, for appellee.

PHILLIPS, Chief Justice.

After a hearing held by the Comptroller, Appellee was ordered to pay certain sales taxes, penalty and interest amounting to a total of $8,717.17, because of sales tax deficiency for the period commencing April 1, 1962 and ending March 31, 1966.

Appellee paid $4,744.66 of the total claimed by the Comptroller. This amount was paid under protest and Appellee filed this suit for the recovery thereof. The amount paid under protest represented...

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