JONES, Circuit Judge.
Bland Bluitt, the appellee here, sustained a back injury in May of 1954 while working for Temple Lumber Company, in Sabine County, Texas. For this injury he was paid compensation. He returned to work. On August 24, 1954, a cross-tie fell on and injured his foot, breaking one of his toes. He worked for about a week before the fracture was discovered. His foot was then put in a cast and he was off work until early in November of 1954, when he returned...
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