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TEXAS UTILITIES ELEC. CO. v. SHARP

No. 03-97-00146-CV.

962 S.W.2d 723 (1998)

TEXAS UTILITIES ELECTRIC COMPANY, 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 March 26, 1998.

Attorney(s) appearing for the Case

David H. Gilliland, Clark, Thomas & Winters, P.C., Austin, for appellant.

Dan Morales, Atty. Gen., Christine Monzingo, Asst. Atty. Gen., Taxation Div., Austin, for appellees.

Before CARROLL, C.J., and JONES and KIDD, JJ.

JONES, Justice.

This is a dispute over franchise taxes the State Comptroller assessed against appellant, Texas Utilities Electric Company ("TUEC"). TUEC sued for a refund, and the trial court rendered summary judgment against TUEC. We will modify and affirm the judgment.

BACKGROUND

TUEC, an electric utility, leases gas combustion turbines in order to generate electricity. TUEC entered into certain operating lease agreements in 1987. The agreements...

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