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BRITTAIN v. McBEATH

No. 9090.

667 S.W.2d 280 (1984)

Bunch King BRITTAIN, Appellant, v. W.S. McBEATH, Administrator of the Texas Alcoholic Beverage Commission, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied February 28, 1984.

Attorney(s) appearing for the Case

Malcom C. Smith, Smith & Coffman, Austin, for appellant.

Gilbert J. Bernal, Jr., Asst. Atty. Gen., Austin, for appellees.

HUTCHINSON, Justice.

Bunch King Brittain appeals from a judgment that he recover nothing after a trial before the court. Brittain sued the Administrator of the Texas Alcoholic Beverage Commission (TABC), the Attorney General and the State Treasurer in their official capacities to recover $7,524.64 which he had paid to TABC under protest. TABC had assessed the $7,524.64 as delinquent and unreported gross receipt taxes and...

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