Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas v. 3 Beall Brothers 3, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-98-00533-CV

Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas;

and John Cornyn, Attorney General of the State of Texas, Appellants

v.

3 Beall Brothers 3, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT

NO. 97-05710, HONORABLE HUME COFER, JUDGE PRESIDING

We withdraw our original opinion and judgment issued July 15, 1999, and substitute this one in its place.

3 Beall Brothers 3, Inc. ("Bealls") sued appellants (collectively, "the Comptroller") in district court for…