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AEROSPACE OPTIMIST CLUB v. TEXAS ALCOHOLIC BEVERAGE COMM.

No. 3-93-444-CV.

886 S.W.2d 556 (1994)

AEROSPACE OPTIMIST CLUB OF FORT WORTH and Air Force Sergeants Association Chapter 1055, Appellants, v. TEXAS ALCOHOLIC BEVERAGE COMMISSION; Dan Morales, in His Official Capacity as Attorney General of the State of Texas; and Kay Bailey Hutchison, in Her Official Capacity as State Treasurer, Appellees.

Court of Appeals of Texas, Austin.

As Corrected on Denial of Rehearing November 23, 1994.

Attorney(s) appearing for the Case

William W. Kilgarlin, Popp & Ikard, Austin, for appellant.

Dan Morales, Atty. Gen., Christine Monzingo, Asst. Atty. Gen., Austin, for appellee.

Before POWERS, ABOUSSIE and JONES, JJ.

ABOUSSIE, Justice.

Aerospace Optimist Club of Fort Worth (the "Optimist Club") and Air Force Sergeants Association (collectively, "Licensees") sought a refund of taxes paid under protest on the basis that sections of the Bingo Enabling Act (the "Act") imposing taxes on bingo gross receipts violated the constitutional provision authorizing bingo in Texas.1 Licensees appeal the trial court's grant of summary judgment in favor of appellees...

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