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LOWRIE v. AMERICAN SURETY CO. OF NEW YORK

No. 10987.

146 F.2d 33 (1944)

LOWRIE v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 11, 1945.

Attorney(s) appearing for the Case

George Clark and F. R. Valentine, both of Waco, Tex., for appellant.

Ralph W. Malone, of Dallas, Tex., and Hilton E. Howell, of Waco, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Suing under the Texas Workmen's Compensation Act, plaintiff alleged that, within the coverage of the Act, he had suffered compensable injuries to his lungs and bronchial tubes. The claim was that, during an identified period of about fifteen days, he was subjected to large, excessive and unusual quantities and concentrations of TNT dust, fumes, gases, and chemicals, and that these caused injury to the physical structure of his lungs and tubes...

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