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WETHERBEE v. SAFETY CASUALTY COMPANY

No. 14987.

219 F.2d 274 (1955)

Mrs. Guy M. WETHERBEE, a widow, individually and as next friend for Lane Alan Wetherbee, a minor, Appellant, v. SAFETY CASUALTY COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

February 9, 1955.

Attorney(s) appearing for the Case

Jack G. Banner, Philip S. Kouri and Elmer H. Parish, Jones, Parish & Filmore, Kouri & Banner, Wichita Falls, Tex., for appellant.

Frank C. Bolton, Jr., Charles B. Wallace and Earl A. Brown, Dallas, Tex., Allan D. Montgomery, Nelson, Montgomery, Robertson & Sellers, Wichita Falls, Tex., for appellee.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.

ALLRED, District Judge.

This is an appeal from an order directing a verdict for defendant in an action under the Texas Workmen's Compensation Law1 for the death of appellant's husband. The trial court directed the verdict because he found no testimony that Wetherbee did anything on the day of his alleged injury "while at work in the regular course of his employment that caused this injury or aggravated the injury that he had before he...

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