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MERCHANTS FAST MOTOR LINES, INC. v. BULLOCK

No. 12490.

548 S.W.2d 478 (1977)

MERCHANTS FAST MOTOR LINES, INC., Appellant, v. Bob BULLOCK, Comptroller of Public Accounts of the State of Texas, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 30, 1977.

Attorney(s) appearing for the Case

Frederick M. Schattman, Clark, Thomas, Winters & Shapiro, Austin, for appellant.

John L. Hill, Atty. Gen., Michael E. Stork, Asst. Atty. Gen., Austin, for appellees.

O'QUINN, Justice.

Merchants Fast Motor Lines, Inc., a common carrier, brought this lawsuit to recover taxes paid under protest, in the amount of $20,681.56, after the Comptroller of Public Accounts assessed the taxes on cigarettes not delivered on portions of shipments transported by the carrier.1

The taxes were levied upon cigarettes lost by, or stolen from, Merchants Fast Motor during...

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