FIDELITY & CASUALTY CO. OF NEW YORK v. McKAY

No. 7305.

73 F.2d 828 (1934)

FIDELITY & CASUALTY CO. OF NEW YORK v. McKAY et al.

Circuit Court of Appeals, Fifth Circuit.

November 24, 1934.


Attorney(s) appearing for the Case

Allen R. Grambling, of El Paso, Tex., for appellant.

W. H. Fryer and Robert E. Cunningham, both of El Paso, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


SIBLEY, Circuit Judge.

Custer B. McKay in litigation over an award of compensation under the Texas Workmen's Compensation statute (Rev. St. Tex. 1925, art. 8306 et seq., as amended), obtained judgment against the insurer, Fidelity & Casualty Company of New York, and the latter appeals, complaining that the application for compensation was barred when filed and that the court erred in permitting a hypothetical question as to the cause of McKay's condition and that...

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