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HORTON v. COOK

No. 12401.

538 S.W.2d 221 (1976)

B. D. HORTON, d/b/a Embers Club, et al., Appellants, v. Kenneth W. COOK, Administrator, Texas Alcoholic Beverage Commission, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 30, 1976.

Attorney(s) appearing for the Case

Lee Mahoney, Mahoney, Shaffer, Hatch & Layton, Corpus Christi, for appellants.

John L. Hill, Atty. Gen., R. L. Lattimore, Asst. Atty. Gen., Austin, for appellees.

O'QUINN, Justice.

Appellants brought this suit under authority of Article 1.05, Taxation-General (Title 122A, V.T.C.S.), to recover taxes paid under protest and as a class action attacking validity of Article 666-20d (Texas Penal Code) which levies a tax on gross receipts of certain permittees from sale of mixed alcoholic beverages.1

Trial in district court was without aid of a jury, and the trial court entered judgment that appellants...

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