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CLARK v. COMMERCIAL CASUALTY INS. CO.

No. 8491.

95 F.2d 58 (1938)

CLARK v. COMMERCIAL CASUALTY INS. CO.

Circuit Court of Appeals, Fifth Circuit.

February 26, 1938.

Attorney(s) appearing for the Case

R. L. Henderson, of Waco, Tex., for appellant.

Hobert Price, of Dallas, Tex., for appellee.

Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge.

FOSTER, Circuit Judge.

This is a suit to recover compensation under the provisions of the Texas Workmen's Compensation Law, Vernon's Ann. Civ.St.Tex. art. 8306 et seq. Error is assigned to the direction of a verdict for defendant.

The following material facts are undisputed. Appellant was employed to operate a freight elevator by the Texas Hotel in Fort Worth, for which he received $42 per month and two meals a day. His duties were performed entirely on the...

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