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FIRST AMERICAN TITLE INS. CO. v. STRAYHORN

No. 03-04-00342-CV.

169 S.W.3d 298 (2005)

FIRST AMERICAN TITLE INSURANCE COMPANY and Old Republic National Title Insurance Company, Appellants v. Carole Keeton STRAYHORN, Comptroller of Public Accounts of the State of Texas and Gregg Abbott, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

June 3, 2005.

Attorney(s) appearing for the Case

Ron K. Eudy and Patricia Otto, Sneed, Vine & Perry, PC, Austin, Matthew J. Zinn and Steven Reed, Steptoe & Johnson, LLP, Washington, DC, for Appellants.

Christine Monzingo, Asst. Atty. Gen., Austin, for Appellees.

Before Justices B.A. SMITH, PURYEAR and PEMBERTON.

OPINION

DAVID PURYEAR, Justice.

First American Title Insurance Company and Old Republic National Title Insurance Company sell title insurance in Texas but are incorporated in other states. They are seeking to recover taxes they argue were unlawfully imposed upon them. Texas imposes a tax on the amount of premium collected from title insurance policies. In addition, foreign title insurance companies, like First American and Old Republic, are required...

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