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RAILROAD COM'N v. CHANNEL INDUSTRIES GAS CO.

No. 3-88-094-CV.

775 S.W.2d 503 (1989)

RAILROAD COMMISSION OF TEXAS, et al., Appellants, v. CHANNEL INDUSTRIES GAS COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied September 13, 1989.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., William E. Storie, Ass. Atty. Gen., Austin, for appellants.

Barry Bishop, Mr. David H. Gilliland, Clark, Thomas, Winters & Newton, Austin, for appellee.

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

ON MOTION FOR REHEARING

CARROLL, Justice.

The opinion of the Court in this cause handed down on June 14, 1989, is withdrawn and the following is substituted therefor.

This tax refund case presents a problem of statutory construction involving Tex. Rev.Civ.Stat.Ann. art. 6060 (1962). The district court agreed with the taxpayer's reading of the statute and ordered a refund of taxes paid under protest.

The Railroad Commission

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