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CENTRAL POWER AND LIGHT CO. v. SHARP

No. 96-0621.

960 S.W.2d 617 (1997)

CENTRAL POWER AND LIGHT COMPANY, Petitioner, v. John SHARP, Comptroller of Public Accounts of the State of Texas, and Dan Morales, Attorney General of the State of Texas, Respondents.

Supreme Court of Texas.

Rehearing Overruled April 18, 1997.

Attorney(s) appearing for the Case

David H. Gilliland, David C. Duggins, L. G. (Skip) Smith, Austin, for Petitioner.

Christine Monzingo, Dan Morales, Austin, for Respondents.

PER CURIAM.

Central Power and Light Company ("CP&L") requested a partial tax refund of its 1990 franchise taxes. The State Comptroller of Public Accounts ("the Comptroller") denied the refund. CP&L filed a tax refund suit in district court, seeking judicial review of the Comptroller's order on numerous grounds, including that section 171.109(b)1 of the Texas Tax Code violates the state...

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