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McCAFFREY v. AMERICAN MUT. LIABILITY INS. CO.

Nos. 145, 146.

32 F.2d 791 (1929)

McCAFFREY v. AMERICAN MUT. LIABILITY INS. CO.

District Court, S. D. Texas, at Corpus Christi.

May 18, 1929.

Attorney(s) appearing for the Case

Caldwell, Gillen, Francis & Gallagher, of Dallas, Tex., for plaintiff.

Y. D. Mathes, H. Malcolm Lovett, and Baker, Botts, Parker & Garwood, all of Houston, Tex., for defendant.

HUTCHESON, District Judge.

This is a motion for a new trial to set aside a verdict and judgment thereon against the American Mutual Liability Insurance Company, entered in a suit brought under the Texas Workmen's Compensation Act, upon proof that McCaffrey, while in the course of his employment with the Chattanooga Boiler & Tank Company, had received an injury which totally incapacitated him for labor.

At the trial the defendant made the point that, the...

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