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EAST TEXAS OXYGEN CO. v. STATE

No. 13893.

681 S.W.2d 741 (1984)

EAST TEXAS OXYGEN CO., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

October 3, 1984.

Attorney(s) appearing for the Case

Sander Shapiro, Austin, for appellant.

Jim Mattox, Atty. Gen., Gilbert J. Bernal, Jr., Asst. Atty. Gen., Austin, for appellee.

Before PHILLIPS, C.J., and EARL W. SMITH and FLAMMAGE, JJ.

PER CURIAM.

East Texas Oxygen Co. (ETOC) filed an action for recovery of excess sales or use taxes paid under protest to appellee Bob Bullock, Comptroller of Public Accounts, after Bullock disallowed ETOC's claim for refund of such taxes. Art. 20.10(H) (§ 112.051).1

ETOC purchased certain cylinders in question from various suppliers, and did not pay sales tax to the suppliers, but instead gave them "resale certificates." The...

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