OPINION
BIERY, Justice.
This is an appeal from a summary judgment. Appellant Texas Department of Transportation (hereinafter referred to as "the state") filed suit against appellees Ben B. Shaw (hereinafter referred to as "Shaw" or "Mr. Shaw") and National Surety Corporation (hereinafter referred to as "surety"), among others, to impose liability for the alleged failure to forward to the state certain motor vehicle registration fees.
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