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BULLOCK v. FOLEY BROS. DRY GOODS CORP.

No. 3-89-124-CV.

802 S.W.2d 835 (1990)

Bob BULLOCK, Comptroller of Public Accounts of the State of Texas, et al., Appellants, v. FOLEY BROTHERS DRY GOODS CORPORATION, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 6, 1991.

Attorney(s) appearing for the Case

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

Mary E. Slay, Charles J. Sullivan, Sullivan, King & Sabom, P.C, Houston, for appellee.

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

PER CURIAM.

The Comptroller of Public Accounts (Comptroller) appeals the judgment of the district court that granted to appellee (Foley) a refund of state and local sales and use taxes for the period July 1, 1978, to June 30, 1983. We will reverse the judgment of the trial court.

Appellants1 bring fourteen points of error: (1) the trial court erred as a matter of law in concluding that the Comptroller could not proceed against...

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