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KIRBY LUMBER CORPORATION v. MURPHY

No. 4951.

271 S.W.2d 672 (1954)

KIRBY LUMBER CORPORATION, Appellant, v. Robert E. MURPHY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

June 24, 1954.

Attorney(s) appearing for the Case

Orgain, Bell & Tucker, Beaumont, for appellant.

M. Herbert Oldham, Beaumont, for appellee.

R. L. MURRAY, Chief Justice.

The appellant's motion for rehearing is granted. The opinion formerly filed in this cause is withdrawn, and the following is filed as our opinion herein:

On September 14, 1950 Robert E. Murphy, the appellee, was injured while hauling logs for Kirby Lumber Corporation, the appellant, in Hardin County under a contract. The contract between the two parties was as follows:

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