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WEEKS v. THE FIDELITY AND CASUALTY COMPANY OF N. Y.

No. 15140.

218 F.2d 503 (1955)

O. W. WEEKS v. THE FIDELITY AND CASUALTY COMPANY OF NEW YORK.

United States Court of Appeals, Fifth Circuit.

January 20, 1955.

Attorney(s) appearing for the Case

Ernest L. Sample, Adams, Browne & Sample, Beaumont, Tex., for appellant.

Pinkney Grissom, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and ALLRED, District Judge.

HOLMES, Circuit Judge.

This appeal is from a judgment of the court below dismissing the appellant's complaint for lack of jurisdiction. The suit was commenced by the appellant, who filed his original petition in the state district court of Washington County, Texas, on April 6, 1953, to set aside an order of the Industrial Accident Board of Texas. Upon petition by the appellee, the suit was removed to the court below. Appellant filed a motion to remand, alleging that...

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