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COWAN BOAT TRANSFER, INC. v. TEXAS EMP. COM'N

No. 3-89-056-CV.

789 S.W.2d 405 (1990)

COWAN BOAT TRANSFER, INC., Appellant, v. TEXAS EMPLOYMENT COMMISSION, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 20, 1990.

Attorney(s) appearing for the Case

David H. Gilliland, John F. Williams, Austin, for appellant.

Jim Mattox, Atty. Gen., Susan F. Eley, Asst. Atty. Gen., Austin, for appellees.

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

CARROLL, Justice.

Appellant brought a declaratory judgment action challenging the Texas Employment Commission's determination that contract truck drivers performing services for appellant were considered "in the employment" of appellant for unemployment compensation tax purposes. See Tex.Civ.Prac. & Rem.Code Ann. §§ 37.001-37.011 (1986); Tex.Rev.Civ.Stat.Ann. art. 5112b-17(g)(1) (1987); 40 Tex.Admin.Code § 301.13 (1989) (hereinafter "Commission...

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