CONTINENTAL BUS SYSTEM v. CARNEY

No. 10554.

310 S.W.2d 676 (1958)

CONTINENTAL BUS SYSTEM, Inc. et al., Appellants, v. Howard CARNEY, Secretary of State, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 12, 1958.


Attorney(s) appearing for the Case

Callaway, Reed, Kidwell & Brooks, O. D. Montgomery, Dallas, Rankin, Kilgore & Cherry, Edinburg, for appellants.

Will Wilson, Atty. Gen., W. V. Geppert, L. P. Lollar, Asst. Attys. Gen., for appellees.


ARCHER, Chief Justice.

This suit was to recover certain franchise taxes paid under protest.

It is agreed that the only question involved in this suit is whether the amendatory act of 1949 as to Clause (3), insofar as it sought to change (if, in fact, it did change) the definition of a public utility corporation to be a public utility corporation as defined by the laws of Texas, was and is unconstitutional and void under the caption or title to the amendatory...

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