O'QUINN, Justice.
This is a suit for recovery of taxes paid under protest to the State Comptroller pursuant to assessments under the Texas Chain Store Tax.
The question to be decided is whether Weingarten's Green Thumb Nurseries, operated by appellee, are separate stores, subject to taxation as chain stores, or are departments of the several "supermarkets" which J. Weingarten, Inc. operates in Harris County.
The case was tried before the court without...
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