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PACIFIC EMPLOYERS INS. CO. v. LIBERTY MUT. INS. CO.

No. 12588.

174 F.2d 1 (1949)

PACIFIC EMPLOYERS INS. CO. v. LIBERTY MUT. INS. CO. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 25, 1949.

Attorney(s) appearing for the Case

Russell Talbott, of Houston, Tex., for appellant and cross-appellee.

F. Fox Benton and W. L. Kemper, both of Houston, Tex., for appellees and cross-appellants.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

This action arose, under the Workmen's Compensation Law of Texas, Vernon's Ann.Civ.St. art. 8306 et seq. out of a fatal injury to an employee, sustained when he attempted to crank the motor of a dragline. The appellees and cross-appellants are the widow and children of the deceased. The other appellee is the insurance carrier of the special employer, for whom the deceased was working at the time of his injury. Our decision is governed by the...

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