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KERSH v. TRAVELERS INSURANCE COMPANY

No. 16551.

250 F.2d 112 (1957)

Russle L. KERSH, Appellant, v. The TRAVELERS INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

December 12, 1957.

Attorney(s) appearing for the Case

Edward L. Poole, Merchant & Fitzjarrald, Amarillo, Tex., for appellant.

A. B. Hankins, Adkins, Folley, McConnell & Hankins, Amarillo, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.

HUTCHESON, Chief Judge.

This is an appeal from a judgment in a Texas Workmen's Compensation suit. It was entered on a verdict directed for defendant on the ground that when, on February 8, 1956, sixteen months and twenty-eight days after his injury on September 10, 1954, he filed his claim with the Board, "good cause" did not exist as matter of law. It presents the single question whether plaintiff's testimony,1 which was the only testimony...

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