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NATIONAL SURETY CORPORATION v. BELL

No. 14976.

216 F.2d 806 (1954)

NATIONAL SURETY CORPORATION, Appellant, v. H. E. BELL, Appellee.

United States Court of Appeals Fifth Circuit.

November 24, 1954.

Attorney(s) appearing for the Case

Lee Sellers, Wichita Falls, Tex., Nelson, Montgomery, Robertson & Sellers, Wichita Falls, Tex., for appellant.

E. W. Napier, Wichita Falls, Tex., for appellee.

Before BORAH, RIVES and TUTTLE, Circuit Judges.

RIVES, Circuit Judge.

In an action under the Texas Workmen's Compensation Act, Vernon's Ann. Civ.St. art. 8307, § 1 et seq., the District Court charged the jury in part as follows:

"I charge you, Gentlemen, that incapacity, as described in this law as a partial incapacity, is an incapacity that lasts for one's life, but the law pays for only 301 weeks for partial incapacity. "If there is a finding for total, and a period less than permanent...

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