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BULLOCK v. ENSERCH CORP.

No. 6065.

583 S.W.2d 950 (1979)

Bob BULLOCK, Comptroller of Public Accounts, et al., Appellants, v. ENSERCH CORPORATION, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 19, 1979.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Martha E. Smiley, Gilbert J. Bernal, Jr., Asst. Attys. Gen., Austin, for appellants.

Sander W. Shapiro, William R. Volk, Clark, Thomas, Winters & Shapiro, Austin, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by the Comptroller, Treasurer and Attorney General of Texas from summary judgment decreeing Enserch Corporation recover $139,019.63 and $290,814.75, assessed by the Comptroller against Enserch, under the Franchise Tax Act, and paid by Enserch under protest pursuant to Article 1.05 Title 122A VATS.

Appellee Enserch sued appellants to recover franchise taxes, penalty and interest paid by appellee under...

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