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JOHNSON v. BEDERMAN

No. 8628.

149 F.2d 515 (1945)

JOHNSON v. BEDERMAN et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 25, 1945.

Attorney(s) appearing for the Case

William Greene, of Chicago, Ill., Austin Y. Bryan, Jr., of Houston, Tex., and Dan P. Johnston, of Dallas, Tex. (McNamara, Greene & O'Brien, of Chicago, Ill., and Bryan & Bryan, of Houston, Tex., of counsel), for appellant.

Royal W. Irwin, of Chicago, Ill., for appellee.

Before EVANS, KERNER, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

The plaintiff recovered of the defendants in a common law suit for negligence. If the Workmen's Compensation law of Texas applied to him at the time of his injury, he was not entitled to the judgment he recovered in the District Court from which this appeal is taken. If he was within the provisions of the Texas Workmen's Compensation statute, his remedy was exclusively under that act. Article 8306, Section 3, Vernon's Ann.Civ.St. Whether the...

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