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CITY OF MIDLAND v. MIDLAND NAT. BANK

No. 6942.

607 S.W.2d 303 (1980)

The CITY OF MIDLAND et al., Appellants, v. The MIDLAND NATIONAL BANK et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 19, 1980.

Attorney(s) appearing for the Case

Joseph M. Nuessle, City Atty., Leslie C. Acker, County Atty., Cotton, Bledsoe, Tighe, Morrow & Dawson, Charles L. Tighe, Charles C. Aldridge, Midland, for appellants.

Baker & Botts, Frank W. R. Hubert, Jr., Houston, Stubbeman, McRae, Sealy, Laughlin & Browder, Harrell Feldt, Midland, for appellee.

Robert M. Collie, Jr., City Atty., Jay D. Howell, Jr., Senior Asst. City Atty., Edward A. Cazares, First Asst. City Atty., Daniel Doherty, Asst. City Atty., Houston, for amicus curiae, City of Houston.

OPINION

STEPHEN F. PRESLAR, Justice.

This is a suit brought by Appellees to enjoin Appellants from the taxation of the capital stock of the Bank under the provisions of Article 7166 of Tex.Rev.Civ.Stat. Ann. We reverse the judgment of the trial Court granting the injunction.

This suit was brought by the Midland National Bank, Gerald D. Hines and William P. Franklin, suing as a stockholder of The Midland National Bank and representing as a class all...

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