Texas Attorney General Opinion: O-4173 Page: 2 of 12
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Honorable Will Mann Richardson, page 2
and the briefs will be forwarded to you for your
consideration in determining this point."
"Supplementing our letter of December 8th
we wish to state that Safeway Stores Inc., of
Texas was incorporated on January 18, 1916, and
that Safeway Auto Loan Plan Inc., was incorporated
on June 19, 1941. The former company has a capi-
tal stock of $100,000.00, whereas the Loan Com-
pany has a capital stock of $2,000.00.
"When the charter for the loan company was
granted the grocery corporation was not notified
but immediately after the charter was granted the
grocery corporation protested any further charter
using that name.
"Attorneys for the Safeway Stores Inc., of
Texas have submitted a brief on the subject which
is attached to this letter for your convenience."
We have also carefully considered the briefs submitted by the
applicant for charter and by Safeway Stores, Inc., of Texas.
The applicant for charter, states in its brief, after
"We respectfully submit that under the facts
in the particular controversy the foregoing au-
thorities compel a ruling by your Department that
the Secretary of State should grant the requested
charter. Certainly is this true when it is real-
ized that the corporations involved are doing
business in different cities and a different line
of business, and with a proposed corporate name
substantially and materially different from the
existing .objecting corporation."
Safeway Stores, Inc., of Texas, states in its brief,
after citing authorities:
"Already Safeway operates more than 160
stores in Texas, stores from El Paso to Texarkana
and from Denison South to Austin. New stores, go
into operation each year in new counties. In the
normal operation and expansion of Safeway's busi-
ness it will develop that small area of South Texas,
not now served by Safeway.
"It is a matter of common knowledge that Safe-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4173, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261414/m1/2/: accessed August 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.