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EMPLOYERS MUT. CASUALTY CO. v. JOHNSON

No. 14129.

201 F.2d 153 (1953)

EMPLOYERS MUT. CASUALTY CO. v. JOHNSON.

United States Court of Appeals Fifth Circuit.

As Amended on Denial of Rehearing February 9, 1953.

Attorney(s) appearing for the Case

George C. Cochran, John N. Touchstone, Dallas, Tex., for appellant.

Donald V. Yarborough, Dallas, Tex., for appellee.

Before HOLMES, RUSSELL, and STRUM, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a judgment of the district court, entered upon the verdict of a jury for the plaintiff, Plenie Johnson, in an action against his employer's insurer under the Workmen's Compensation Law of Texas, Vernon's Ann.Civ.Stat. art. 8306 et seq. The complaint alleged the following facts:

On or about December 20, 1950, the appellee, while working as a day laborer for Bell Bottom Foundation Company in Grayson

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