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STATE v. GLASS

No. 14601.

723 S.W.2d 325 (1987)

The STATE of Texas, Appellant, v. Roland A. GLASS, Appellee.

Court of Appeals of Texas, Austin.

January 14, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Christine Monzingo, Asst. Atty. Gen., Austin, for appellant.

Larry Watts, Watts & Co., Lawyers, P.C., Houston, for appellee.

Before SHANNON, C.J., and BRADY and CARROLL, JJ.

ON MOTION FOR REHEARING

CARROLL, Justice.

The opinion and judgment of the Court in this cause handed down on August 13, 1986, are withdrawn and the following opinion is substituted therefor.

The Comptroller of Public Accounts sued Roland Glass for the collection of delinquent diesel fuel sales tax under Tex.Tax Code Ann. § 111.010 (1982 & Supp.1986). After a bench trial, the district court entered a take-nothing judgment against the Comptroller...

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