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BULLOCK v. LONE STAR INDUSTRIES, INC.

No. 6068.

584 S.W.2d 386 (1979)

Bob BULLOCK, Comptroller of Public Accounts, Appellant, v. LONE STAR INDUSTRIES, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied August 2, 1979.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., John W. Fainter, Jr., First Asst. Atty. Gen., Ted L. Hartley, Executive Asst. Atty. Gen., Martha E. Smiley, R. L. Lattimore, Asst. Attys. Gen., Austin, for appellant.

Dennis Reese, Small, Craig & Werkenthin, Austin, for appellee.

Emily A. Parker, Thompson & Knight, Austin, for amicus curiae.

OPINION

McDONALD, Chief Justice.

This is an appeal by the Comptroller of the State of Texas from judgment decreeing Lone Star Industries recover $103,995.56 in sales taxes paid under protest.

Plaintiff Lone Star sued defendant Bullock, Comptroller, to recover $32,943.76 sales taxes paid under protest on plaintiff's purchase of carbon steel grinding balls, and $71,051.80 paid on purchase of a floating clamshell dredge. Plaintiff contended the dredge...

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