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STATE v. SUN REFINING & MARKETING, INC.

No. 3-87-064-CV.

740 S.W.2d 552 (1987)

STATE of Texas, et al., Appellants, v. SUN REFINING & MARKETING, INC., et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied December 2, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty., Gen., Harriet D. Burke, Asst. Atty. Gen., Austin, for appellants.

Edward J. Hazzouri, Pro Hac Vice, Scranton, Pa., for Sun Refining and Marketing Co.

David A. Hampel, Dallas, for Sun Exploration and Production Co.

SHANNON, Chief Justice.

Sun Refining & Marketing, Inc., and Sun Pipe Line Co., appellees, filed suit in the district court of Travis County to recover $124,150.24 in franchise taxes paid under protest to the Comptroller of Public Accounts. After a bench trial, the district court rendered judgment that appellees recover such sum. This Court will affirm that judgment.

The franchise tax is one imposed on the value of the privilege to transact business in...

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