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SAFETY CASUALTY COMPANY v. BROWN

No. 15763.

229 F.2d 889 (1956)

SAFETY CASUALTY COMPANY, Appellants, v. Oscar Homer BROWN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 24, 1956.

Attorney(s) appearing for the Case

Frank C. Bolton, Jr., Earl A. Brown, Chas. B. Wallace, Dallas, Tex., for appellants.

Joe E. Kelly, Victoria, Tex., Thomas R. Bell, Edna, Tex., Kelly, Hunt & Cullen, Victoria, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.

BROWN, Circuit Judge.

Since the jury found on special issues, Fed.Rules Civ.Proc. 49(a), 28 U.S. C.A., that no earlier injury had occurred in February 1949, the Insurer contends that the claim1 filed with the Industrial Accident Board, Art. 8307, § 4a, Rev.Civ. Stat. of Texas, Vernon's Ann.Civ.St. art. 8307, § 4a, was insufficient to give the District Court jurisdiction over, and to allow recovery for, the injury of January 26...

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