State Board of Insurance v. Todd Shipyards Corp., A-8150
| Decision Date | 08 February 1961 |
| Docket Number | No. A-8150,A-8150 |
| Citation | 162 Tex. 8,343 S.W.2d 241 |
| Parties | STATE BOARD OF INSURANCE et al., Petitioner, v. TODD SHIPYARDS CORPORATION, Respondent. |
| Court | Texas Supreme Court |
Will Wilson, Atty. Gen., Fred B. Werkenthin and Bob E. Shannon, Assts. Atty. Gen., for petitioner.
Liddell, Austin, Dawson & Huggins, Houston, Charles R. Vickery, Jr., and Willis
Witt, Houston, with above firm, for respondent.
We are of the opinion that the decision in this case is controlled by Allgeyer v. State of Louisiana, 165 U.S. 578, 17 S.Ct. 427, 41 L.Ed. 832 and St. Louis Cotton Compress Company v. State of Arkansas, 260 U.S. 346, 43 S.Ct. 125, 67 L.Ed. 297. We are unwilling to take the position that in view of Osborn v. Ozlin, 310 U.S. 53, 60 S.Ct. 758, 84 L.Ed. 1074 and Hoopeston Canning Co. v. Cullen, 318 U.S. 313, 63 S.Ct. 602, 87 L.Ed. 777, the Supreme Court of the United States will probably overrule the Allgeyer and Cotton Compress cases. We abide by what the Supreme Court has held and refuse to speculate upon what said Court may hold.
The application for writ of error to the Court of Civil Appeals (opinion reported in 340 S.W.2d 339) is refused, no reversible error.
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State v. State Mut. Life Assur. Co. of America
...and State Board of Ins. v. Todd Shipyards Corp., Tex.Civ.App., 340 S.W.2d 339, writ refused, n. r. e., with per curiam opinion, Tex., 343 S.W.2d 241, certiorari granted, 368 U.S. 810, 82 S.Ct. 40, 7 L.Ed.2d 20, cited by State Mutual, and Metropolitan Life Ins. Co. v. Wann, 130 Tex. 400, 109......
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State Board of Insurance v. Todd Shipyards Corporation
...Appeals, 340 S.W.2d 339, and the Texas Supreme Court, feeling bound by these decisions, held the tax on premiums unconstitutional, 162 Tex. 8, 343 S.W.2d 241. We granted certiorari, 368 U.S. 810, 82 S.Ct. 40, 7 L.Ed.2d The insurance transactions involved in the present litigation take place......
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Dow Chemical Co. v. Rylander
...Supreme Court. See State Bd. of Ins. v. Todd Shipyards Corp., 340 S.W.2d 339 (Tex. Civ. App.--Austin 1960), writ ref'd n.r.e., 343 S.W.2d 241 (Tex. 1961), aff'd, 370 U.S. 451 (1962). Ultimately, the United States Supreme Court held that Texas's independently procured insurance tax violated ......