DIGBY v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. 16159.

239 F.2d 569 (1957)

Willie Lee DIGBY, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 4, 1957.


Attorney(s) appearing for the Case

John T. Gano, Fort Worth, Tex., Clint A. Barham, Dallas, Tex., for appellant.

Curtis White, Dallas, Tex., for appellee.

Before RIVES, TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal from a judgment of the trial court dismissing appellant's suit under the Texas Workmen's Compensation Law, Vernon's Ann.Civ.St. art. 8306 et seq., presents two questions: (1) Whether the alleged failure of the appellant to institute and prosecute his suit within twenty days would deprive the trial court of jurisdiction over the lawsuit, and (2) whether the evidence and affidavits...

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