McLane Co., Inc. v. Strayhorn

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 Company 2 is the State’s largest cigarette distributor. Dissatisfied with the Comptroller’s decision to reject an irrevocable letter of credit as collateral for its cigarette taxes, McLane filed suit. The Comptroller filed a plea to the…