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CALVERT v. ZANES-EWALT WAREHOUSE, INC.

No. B-4010.

502 S.W.2d 689 (1973)

Robert S. CALVERT et al., Petitioners, v. ZANES-EWALT WAREHOUSE, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied January 9, 1974.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Lewis A. Jones, Asst. Atty. Gen., Austin, for petitioners.

Bowyer, Thomas & Sweet, H. T. Bowyer, and William W. Sweet, Dallas, for respondent.

STEAKLEY, Justice.

This is a suit by Zanes-Ewalt Warehouse, Inc. to recover cigarette taxes in the amount of $27,501.65 paid to the State of Texas under protest. The judgments below were for recovery of the taxes, Calvert v. Zanes-Ewalt Warehouse, Inc., Tex.Civ.App., 492 S.W.2d 638. The Comptroller of Public Accounts of the State of Texas is petitioner here.

In the statutory cigarette tax regulations, Zanes-Ewalt is a "distributing...

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