BROOKS OPERATING CO., INC. v. BULLOCK

No. 9187.

668 S.W.2d 733 (1983)

BROOKS OPERATING COMPANY, INC., Appellant, v. Bob BULLOCK, Comptroller of Public Accounts, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied December 30, 1983.

Application for Writ of Error Refused March 21, 1984.


Attorney(s) appearing for the Case

John M. Smith, Janie J. Murphy, Roberts, Harbour, Smith, Harris, French & Ritter, Longview, for appellant.

Jim Mattox, Atty. Gen., Bradley Seals, Asst. Atty. Gen., Austin, for appellees.


Application for Writ of Error Refused by Supreme Court March 21, 1984.

PER CURIAM.

This is an appeal from an order granting the Comptroller's plea to the jurisdiction in Brooks' suit to recover taxes paid under protest. We affirm.

Brooks filed suit to recover diesel fuel taxes paid to the State pursuant to Tex. Tax-Gen.Ann. art. 1.05(2), repealed by Acts of 1979, ch. 841, 1979 Tex.Gen.Laws 2329, and Tex.Civ.St.Ann. art. 7057b, repealed by...

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