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CALVERT v. K F C OPERATING CO.

No. 11750.

453 S.W.2d 843 (1970)

Robert S. CALVERT, Comptroller of Public Accounts of the State of Texas et al., Appellants, v. K F C OPERATING CO., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 20, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker Executive Asst. Atty. Gen., John R. Grace and Alan Minter, Asst. Attys. Gen., for appellants.

Clark, Thomas, Harris, Denius & Winters, Mary Joe Carroll, Barry Bishop, Austin, for appellee.

HUGHES, Justice.

This suit was brought by K F C Operating Co., a Tennessee Corporation, against Robert S. Calvert, Jesse James and Crawford Martin, Comptroller of Public Accounts, Treasurer and Attorney General, respectively, of the State of Texas, in their official capacities to recover fees paid under protest allegedly due under the so-called Chain Store Tax Act, ch. 17, Title 122A, Arts. 17.01-17.11, Taxation-General, Vol. 20A, V.T.C.S.1

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