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UPJOHN CO. v. RYLANDER

No. 03-00-00055-CV.

38 S.W.3d 600 (2000)

The UPJOHN COMPANY, Appellant, v. Carole Keeton RYLANDER, Comptroller of Public Accounts of the State of Texas; and John Cornyn, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

October 19, 2000.

Attorney(s) appearing for the Case

Ira A. Lipstet, Jenkens & Gilchrist, P.C., Austin, for appellant.

Christine Monzingo, Anna Cecilia Gonzales, Asst. Atty. Gen., Austin, for appellees.

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

PATTERSON, Justice.

This is a franchise tax case.1 The Upjohn Company sued the Comptroller2 for a refund of $1,391,740.40 in franchise taxes and interest paid under protest on receipts generated by its Texas sales of drugs and medicines. Both parties filed motions for summary judgment. The district court granted the Comptroller's motion and denied Upjohn's motion.

The question in this case is whether...

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