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SHARP v. TYLER PIPE INDUSTRIES, INC.

No. 03-95-00212-CV.

919 S.W.2d 157 (1996)

John SHARP, Comptroller of Public Accounts, and Dan Morales, Attorney General of Texas, Appellants, v. TYLER PIPE INDUSTRIES, INC., Successor-in-Interest to Tyler Pipe Industries of Texas, Inc., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 24, 1996.

Attorney(s) appearing for the Case

Dan Morales, Attorney General, Thomas J. Meaney, Assistant Attorney General, Taxation Division, Austin, for appellants.

David H. Gilliland, Clark, Thomas & Winters, Austin, for appellee.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

JONES, Justice.

Tyler Pipe Industries, Inc., successor-in-interest to Tyler Pipe Industries of Texas, Inc. ("Tyler Pipe"), sued State Comptroller John Sharp and State Attorney General Dan Morales (collectively the "Comptroller") seeking a refund of sales taxes paid in the purchase of certain equipment. See Tex. Tax Code Ann. § 112.151 (West 1992). The trial court granted summary judgment for Tyler Pipe, ordering the Comptroller to refund approximately...

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