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TEXAS EMPLOYMENT COM'N v. BEN HOGAN CO.

No. 3-92-496-CV.

854 S.W.2d 292 (1993)

TEXAS EMPLOYMENT COMMISSION, Appellant, v. BEN HOGAN COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 30, 1993.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Susan F. Eley, Asst. Atty. Gen., Austin, for appellant.

Joseph W. Spence, Thomas F. Harkins, Jr., Gandy Michener Swindle & Whitaker, L.L.P., Fort Worth, for appellee.

POWERS, KIDD and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

The Texas Employment Commission ("TEC") appeals from a district-court judgment requiring it to reimburse Ben Hogan Company ("Hogan" or "the company") for unemployment compensation contributions made to TEC in excess of the applicable statutory rate. Following a bench trial, the court rendered judgment against TEC and awarded Hogan actual damages of $274,676.16, plus postjudgment interest.

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