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BULLOCK v. DELTA INDUS. CONST. CO., INC.

No. 13545.

668 S.W.2d 502 (1984)

Bob BULLOCK, Comptroller of Public Accounts of Texas, et al., Appellants, v. DELTA INDUSTRIAL CONSTRUCTION CO., INC., Appellee.

Court of Appeals of Texas, Austin.

April 4, 1984.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Bradley Seals, Asst. Atty. Gen., Austin, for appellants.

David W. Hilgers, Hilgers, Watkins & Kazen, P.C., Austin, for appellee.

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

GAMMAGE, Justice.

The Comptroller of Public Accounts and others (hereafter, the State) appeal that portion of the trial court's judgment which awarded Delta Industrial Construction Co., Inc. (hereafter, Delta) $7,157.43. This sum was attributed to local sales taxes and assessed by the State against Delta, which exhausted its administrative remedies, paid the amount under protest, and brought this suit. The suit was tried on written stipulations, the trial court rendered...

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