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SHARP v. F.W. GARTNER CO.

No. 03-97-00576-CV.

971 S.W.2d 707 (1998)

John SHARP, Comptroller of Public Accounts for the State of Texas, and Dan Morales, Attorney General of the State of Texas, Appellants, v. F.W. GARTNER COMPANY, Appellee.

Court of Appeals of Texas, Austin.

June 18, 1998.

Attorney(s) appearing for the Case

William E. Storie, Esteban H. Rodriguez, Asst. Attys. Gen., Taxation Division, Austin, for appellant.

Ray Langenberg, Scott, Douglass & McConnico, L.L.P., Austin, for appellee.

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

ABOUSSIE, Justice.

Appellants, John Sharp, Comptroller of Public Accounts of the State of Texas, and Dan Morales, Attorney General of the State of Texas ("Comptroller"), appeal the trial court's grant of summary judgment to appellee, F.W. Gartner Company ("Gartner"). Gartner brought suit against the Comptroller, seeking a refund of motor fuel taxes it paid on gasoline and diesel used as fuel for construction equipment.1 Both Gartner and...

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