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  5. 557 S.W.2d 337 (1977)
 

BULLOCK v. ABC INTERSTATE THEATRES, INC.

Nos. 12601, 12621.

557 S.W.2d 337 (1977)

Bob BULLOCK, Comptroller of Public Accounts, et al., Appellants, v. ABC INTERSTATE THEATRES, INC., et al., Appellees. Bob BULLOCK, Comptroller of Public Accounts, et al., Appellants, v. MARTIN THEATRES OF TEXAS, INC., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 2, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Martha E. Smiley, Asst. Atty. Gen., Austin, for appellants.

James H. Keahey, Austin, for ABC Interstate Theatres, Inc.

Larry E. Temple, Austin, for Allied Artists Pictures Corp., et al.

George Garrison Potts, Claude R. Wilson, Jr., H. David Herndon, Golden, Potts, Boeckman & Wilson, Dallas, for Martin Theatres of Texas, Inc.

O'QUINN, Justice.

Appeals in two causes involving the same basic tax controversy have been consolidated in this Court for purposes of decision and disposition of the issues.

ABC Interstate Theatres, Inc., engaged in exhibiting motion picture films, brought the first lawsuit (No. 12,601) in July of 1976 to recover taxes on leases of motion picture films, paid under protest to the Comptroller of Public Accounts, for tax periods in 1975 and 1976. In compliance...

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