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CANNON BALL TRUCK STOP, INC. v. MOBIL OIL CORPORATION

No. 892.

501 S.W.2d 927 (1973)

CANNON BALL TRUCK STOP, INC., et al., Appellants, v. MOBIL OIL CORPORATION, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 28, 1973.

Attorney(s) appearing for the Case

Joseph Latting, Gay & Latting, Austin, Carroll W. Glaser, Ellett, Camp & Glaser, Rockdale, for appellants.

Thomas C. McClellan, Dallas, for appellee.

COULSON, Justice.

Mobil Oil Corporation, appellee, sued Cannon Ball Truck Stop, Inc., and W. F. Zawatsky, appellants, to recover the state tax on diesel fuel which Mobil paid to the State of Texas after the appellants' failure to pay it. Summary judgment was entered against Zawatsky and later against Cannon Ball.

The controlling question here is whether a cause of action by a supplier against a non-bonded dealer for collection of the diesel fuel tax accrues...

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