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  5. 654 S.W.2d 45 (1983)
 

STATE v. ALLSTATE INS. CO., INC.

No. 13709.

654 S.W.2d 45 (1983)

The STATE of Texas, et al., Appellants, v. ALLSTATE INSURANCE COMPANY, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied July 20, 1983.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Catherine Fryer, Asst. Atty. Gen., Austin, for appellants.

R. James George, Jr., Graves, Dougherty, Hearon & Moody, Austin, for appellee.

Before PHILLIPS, C.J., and SHANNON and POWERS, JJ.

POWERS, Justice.

The State of Texas and the State Board of Insurance (the "Board") appeal a trial court judgment in the sum of $5,243,248.20, a sum awarded to Allstate Insurance Company in its suit to recover taxes paid by the company in 1973 and 1974 under the provisions of Tex.Rev.Civ.Stat.Ann. art. 7064 (1960), transferred as amended, effective January 1, 1982, to Tex.Ins.Code Ann. art. 4.10 (1981). Allstate is a corporation organized and existing under the laws...

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