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MORSE v. NEW AMSTERDAM CASUALTY CO.

No. 5558.

37 F.2d 100 (1930)

MORSE v. NEW AMSTERDAM CASUALTY CO.

Circuit Court of Appeals, Fifth Circuit.

January 7, 1930.

Attorney(s) appearing for the Case

John White, of Dallas, Tex. (White & Yarborough, of Dallas, Tex., on the brief), for appellant.

John C. Robertson and George A. Robertson, both of Dallas, Tex. (Robert G. Payne, of Dallas, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee had issued a policy to the McKnight Grain & Grocery Company, covering claims by their employees, arising under the provisions of the Texas Workmen's Compensation Law. Article 8309, R. C. S. Texas 1925, defines employee as every person in the service of another, etc., "except one whose employment is not in the usual course of trade, business, profession or occupation of his employer."

Appellant was injured while employed...

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