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McLANE CO., INC. v. STRAYHORN

No. 03-03-00502-CV.

148 S.W.3d 644 (2004)

McLANE COMPANY, INC. and McLane Foodservice-Lubbock, Inc., Appellants, v. Carole Keeton STRAYHORN, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

October 14, 2004.

Attorney(s) appearing for the Case

Gilbert J. Bernal Jr., James F. Martens, David J. Sewell, Stahl & Bernal, L.L.P., Austin, for appellants.

William E. Storie, Asst. Atty. Gen., Austin, for appellees.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

This case involves the administration of the Cigarette Recovery Tax Fund ("the Fund"), a private trust established to secure payment of cigarette taxes and managed by appellee Carole Keeton Strayhorn in her official capacity as Comptroller of Public Accounts. See Tex. Tax Code Ann. § 154.051 (West 2002). Appellant McLane Company2 is the State's largest cigarette distributor....

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