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MORRIS v. CITY OF SAN ANTONIO

No. 12792.

572 S.W.2d 831 (1978)

Garrett MORRIS, Chairman of Texas Public Utility Commission, et al., Appellants, v. CITY OF SAN ANTONIO et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 8, 1978.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Martha V. Terry, Asst. Atty. Gen., Austin, for appellants.

W. Roger Wilson, Matthews, Nowlin, Macfarlane & Barrett, San Antonio, for appellees, Cities of San Antonio, Floresville and Robstown.

Faires P. Wade, Wade & Cromwell, Corpus Christi, for appellee, City of Robstown.

O'QUINN, Justice.

The cities of San Antonio and Floresville brought separate suits, now consolidated, against the Chairman of the Texas Public Utility Commission and other appropriate state officials pursuant to Article 1.05, Title 122A, Taxation-General, V.A.T.S., for recovery of taxes in excess of $611,000 paid under protest to the Utility Commission. From the declaratory judgment of the district court awarding recovery of the taxes and holding portions of the Public...

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