Bullock v. Enserch Corp.

OPINION

McDONALD, Chief Justice.

This is an appeal by the Comptroller, Treasurer and Attorney General of Texas from summary judgment decreeing Enserch Corporation recover $139,019.63 and $290,-814.75, assessed by the Comptroller against Enserch, under the Franchise Tax Act, and paid by Enserch under protest pursuant to Article 1.05 Title 122A VATS.

Appellee Enserch sued appellants to recover franchise taxes, penalty and interest paid by appellee under protest. Both appel-lee and appellants moved for summary judgment. The trial court denied appellants’ motion and granted appellee’s motion and…