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TEX. DEPT. OF INS. v. AM. HOME ASSUR. CO.

No. 03-98-00566-CV.

998 S.W.2d 344 (1999)

TEXAS DEPARTMENT OF INSURANCE; Jose Montemayor, Commissioner of Insurance; John Cornyn, Texas Attorney General; Carole Keeton Rylander, Texas Comptroller of Public Accounts; and Texas Public Finance Authority, Appellants, v. AMERICAN HOME ASSURANCE COMPANY and The Insurance Company of the State of Pennsylvania, Appellees.

Court of Appeals of Texas, Austin.

July 29, 1999.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, William E. Storie, Assistant Attorney General, Austin, for Appellant.

Anthony Icenogle, DeLeon, Boggins, & Icenogle, P.C., Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices KIDD and PATTERSON.

JAN P. PATTERSON, Justice.

American Home Assurance Company and the Insurance Company of the State of Pennsylvania (collectively "appellees") sued appellants (collectively "the State") for a partial refund of taxes and interest paid to the State under protest. The parties filed cross-motions for summary judgment. The district court denied the State's motion and granted summary judgment in favor of appellees. We will affirm the judgment of the district court.

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