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CALVERT v. DAY AND ZIMMERMANN, INC.

No. 12098.

504 S.W.2d 945 (1974)

Robert S. CALVERT, Comptroller of Public Accounts of the State of Texas, et al., Appellants, v. DAY AND ZIMMERMANN, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 6, 1974.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Larry F. York, J. H. Broadhurst, Gordon C. Cass, Lewis A. Jones, Asst. Attys. Gen., Austin, for appellants.

Charles J. Hlavinka, Atchley, Russell, Waldrop & Hlavinka, Texarkana, William S. Sessions, U. S. Atty., Hugh P. Shovlin, Asst. U. S. Atty., Scott P. Crampton, Asst. Atty. Gen., Washington, D. C., for appellee.

O'QUINN, Justice.

In this case Day and Zimmermann, Inc., seeks to recover sales taxes paid under protest to the Comptroller of Public Accounts on materials procured by the corporation for use at the Lone Star Army Ammunition Plant in performance of its contract with the United States Government.

Under its prime contract with the United States, Day and Zimmermann since May of 1951 has operated the Lone Star plant,

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