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RYLANDER v. 3 BEALL BROS. 3, INC.

No. 03-98-00533-CV.

2 S.W.3d 562 (1999)

Carole Keeton RYLANDER, Comptroller of Public Accounts of the State of Texas; and John Cornyn, Attorney General of the State of Texas, Appellants, v. 3 BEALL BROTHERS 3, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 10, 1999.

Attorney(s) appearing for the Case

John Cornyn, Atty. Gen., Christine Monzingo, Asst. Atty. Gen., Austin, for Appellants.

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

Before Justices KIDD, PATTERSON and POWERS.

JAN P. PATTERSON, Justice.

We withdraw our original opinion and judgment issued July 15, 1999, and substitute this one in its place.

3 Beall Brothers 3, Inc. ("Bealls") sued appellants (collectively, "the Comptroller") in district court for a refund of "additional tax."1 The district court granted summary judgment in favor of Bealls. We will reverse the district court judgment and render judgment in favor of the Comptroller.

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