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RYLANDER v. BANDAG LICENSING CORP.

No. 03-99-00427-CV.

18 S.W.3d 296 (2000)

Carole Keeton RYLANDER, as Successor to John Sharp, Comptroller of Public Accounts of the State of Texas; and John Cornyn, as Successor to Dan Morales, Attorney General of the State of Texas, Appellants, v. BANDAG LICENSING CORPORATION, Appellee.

Court of Appeals of Texas, Austin.

May 11, 2000.

Attorney(s) appearing for the Case

Anna Cecilia Gonzalez, Asst. Atty. Gen., Taxation Division, Austin, for appellants.

Gilbert J. Bernal, Jr., Stahl, Martens & Bernal, L.L.P., Austin, for appellee.

Before Chief Justice ABOUSSIE, Justices KIDD and B.A. SMITH.

MARILYN ABOUSSIE, Chief Justice.

Carole Keeton Rylander, Comptroller of Public Accounts, and Attorney General John Cornyn (collectively the "Comptroller") appeal from a district court judgment recovered by Bandag Licensing Corporation ("BLC") in a declaratory judgment action. We will affirm the judgment.

THE CONTROVERSY

The judgment below awards BLC recovery of $503,726 paid under protest as franchise...

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