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  5. 246 S.W.2d 644 (1952)
 

SHEPPERD v. HUEY & PHILP HARDWARE CO.

No. 10018.

246 S.W.2d 644 (1952)

SHEPPERD, Secretary of State, et al. v. HUEY & PHILP HARDWARE CO.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 12, 1952.

Attorney(s) appearing for the Case

Price Daniel, Atty. Gen., J. A. Amis, Jr., Asst. Atty. Gen., for appellants.

Powell, Wirtz & Rauhut, Robert C. McGinnis, W. Morgan Hunter, all of Austin, for appellee.

HUGHES, Justice.

This suit was by appellee, Huey and Philp Hardware Company, against the Secretary of State, State Treasurer and Attorney General of Texas, in their official capacities, appellants, to recover franchise taxes and penalties paid under protest.

A nonjury trial resulted in appellee recovering judgment for the amount in controversy plus earned interest thereon.

Payment of the taxes sued for came as a result of a recomputation and recalculation...

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