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COLTHARP v. STATE

No. 12915.

585 S.W.2d 342 (1979)

James H. COLTHARP et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 22, 1979.

Attorney(s) appearing for the Case

Mary Joe Carroll, Clark, Thomas, Winters & Shapiro, Austin, for appellants.

John L. Hill, Atty. Gen., Gilbert J. Bernal, Jr., Asst. Atty. Gen., Austin, for appellee.

O'QUINN, Justice.

The State of Texas, through the Alcoholic Beverage Commission, brought this suit in March of 1976, seeking collection of more than $79,000 in alleged deficiencies in payments of beverage taxes plus penalties, against James H. Coltharp, doing business as several named holders of mixed beverage permits, and the surety companies, Western Surety Company and United States Fidelity and Guaranty Company.

By subsequent amended petition, in 1977,...

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