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GROCERS SUPPLY CO., INC. v. SHARP

No. 03-97-00749-CV.

978 S.W.2d 638 (1998)

The GROCERS SUPPLY COMPANY, INC., Appellant, v. John SHARP, Comptroller of Public Accounts of the State of Texas, and Dan Morales, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 30, 1998.

Attorney(s) appearing for the Case

Thomas N. Tourtellotte, Tourtellotte & Kennon, P.C., Austin, for Appellant.

Dan Morales, Atty. Gen., Nancy L. Prosser, Asst. Atty. Gen., Austin, for Appellee.

Before YEAKEL, C.J., and ABOUSSIE and JONES, JJ.

YEAKEL, Chief Justice.

Appellant Grocers Supply Company, Inc. ("Grocers Supply") sued appellees the Comptroller of Public Accounts and the Attorney General for the State of Texas for a refund of sales tax previously paid. See Tex. Tax Code Ann. § 112.151 (West 1992).1 Both parties filed motions for summary judgment. The trial court granted the Comptroller's motion and denied Grocers...

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