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HATHAWAY v. NEW YORK CASUALTY CO.

No. 11263.

152 F.2d 684 (1945)

HATHAWAY v. NEW YORK CASUALTY CO.

Circuit Court of Appeals, Fifth Circuit.

On Rehearing January 30, 1946.

Attorney(s) appearing for the Case

J. A. Kibler, of Waco, Tex., for appellant.

Hilton E. Howell, of Waco, Tex., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Plaintiff (appellant) sought, by suit in a state court, to set aside an unfavorable ruling of the Industrial Accident Board of Texas and to recover for injuries received under the provisions of the Texas Workmen's Compensation Law, Vernon's Ann. Civ.St. art. 8306 et seq. The suit was removed to the District Court of the United States, which, at the conclusion of plaintiff's testimony, directed a verdict for defendant, holding that plaintiff...

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