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DAY & ZIMMERMANN, INC. v. CALVERT

No. B-4512.

519 S.W.2d 106 (1975)

DAY & ZIMMERMANN, INC., et al., Petitioners, v. Robert S. CALVERT, Comptroller of Public Accounts of the State of Texas, Respondent.

Supreme Court of Texas.

Rehearing Denied March 5, 1975.

Attorney(s) appearing for the Case

Atchley, Russell, Waldrop & Hlavinka, Charles J. Hlavinka, Texarkana, for petitioners.

Bennet N. Hollander, U. S. Dept. of Justice, Washington, D. C., for intervenor, United States.

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

DENTON, Justice.

Day & Zimmermann, Inc., plaintiffs below, brought this suit to recover taxes paid under protest to the State Comptroller of Public Accounts on materials procured in the performance of its contract with the United States Government, who has intervened and is a party to this action. The trial court entered judgment for Day & Zimmermann allowing recovery of $112,668.42 in taxes, with interest, and an additional sum representing interest on another...

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