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MARYLAND CASUALTY CO. v. HODGE

No. 5793.

49 F.2d 127 (1931)

MARYLAND CASUALTY CO. v. HODGE.

Circuit Court of Appeals, Fifth Circuit.

April 25, 1931.

Attorney(s) appearing for the Case

M. Nagle and Maury Kemp, both of El Paso, Tex. (E. R. Smith, of El Paso, Tex., on the brief), for appellant.

R. K. Gillen and Ben H. Gallagher, both of Dallas, Tex. (Caldwell, Gillen, Francis & Gallagher, of Dallas, Tex., on the brief), for appellee.

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

FOSTER, Circuit Judge.

Appellee, hereafter referred to as plaintiff, brought suit in a state court to set aside an award of the Industrial Accident Board of Texas, and, alleging total disability resulting from injury to his eyes, prayed for a lump sum settlement under the provisions of the Workmen's Compensation Law of Texas (Rev. St. 1925, art. 8306, § 15). The suit was removed to the District Court by appellant, hereafter referred to as defendant. Appellant...

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