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INDEMNITY INS. CO. v. MOSES

No. 5624.

36 F.2d 219 (1929)

INDEMNITY INS. CO. OF NORTH AMERICA v. MOSES.

Circuit Court of Appeals, Fifth Circuit.

November 25, 1929.

Attorney(s) appearing for the Case

William Lipscomb, of Dallas, Tex. (Seay, Seay, Malone & Lipscomb, of Dallas, Tex., on the brief), for appellant.

H. J. Yarborough, of Dallas, Tex. (White & Yarborough, of Dallas, Tex., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

This was a suit under the Texas Workmen's Compensation Act (Rev. St. Tex. 1925, art. 8306 et seq., as amended) by an employee against an insurance company which was his employer's insurer to recover the indemnity imposed by the act for total permanent disability.

At the close of the evidence, the employee, in response to an inquiry from the court, through his counsel stated that he elected to recover the total indemnity or nothing. In...

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