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McQUEEN v. BULLOCK

Nos. 89-1257, 89-6146.

907 F.2d 1544 (1990)

Alvy Thomas McQUEEN, Individually and d/b/a Livingston Oil, Plaintiff-Appellant, v. Bob BULLOCK, Comptroller, in his official capacity, Defendant-Appellee. Alvy T. McQUEEN, Plaintiff-Appellant, v. UNITED STATES of America and Comptroller of Public Accounts, State of Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 9, 1990.

Attorney(s) appearing for the Case

John A. Townsend, Judith Hession, Mayer, Brown & Platt, Houston, Tex., for Alvy Thomas McQueen.

David Randell, Ron Del Vento, Asst. Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for Bob Bullock.

Henry K. Oncken, U.S. Atty., Sarah R. Tunnell, Asst. U.S. Atty., Houston, Tex., William A. Whitledge, Charles E. Brookhart and Gary R. Allen, Tax Div., Dept. of Justice, Washington, D.C., for U.S. and Comptroller.

Before GOLDBERG, POLITZ and JONES, Circuit Judges.

GOLDBERG, Circuit Judge:

In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.1

Our Janus-faced sovereignty has once again raised its head. Posing for the republic, it demands uniformity. Yet behind its state-bordered cloak, it languishes to be different, in any one of...

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