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AMERICAN MOTORISTS INSURANCE COMPANY v. LANDES

No. 16730.

252 F.2d 751 (1958)

AMERICAN MOTORISTS INSURANCE COMPANY, Appellant, v. Mrs. Vera LANDES, Individually and as mother and next friend of Dorothy Jean Landes, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1958.

Attorney(s) appearing for the Case

G. W. Parker, Jr., Fort Worth, Tex., Stone, Agerton, Parker & Kerr, Fort Worth, Tex., of counsel, for appellant.

Robert L. Ivy, Fort Worth, Tex., Herrick, Ivy & McEntire, Fort Worth, Tex., of counsel, for appellees.

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

JONES, Circuit Judge.

L. W. Landes was an employee of General Dynamics Corporation at its Convair plant in Tarrant County, Texas. On July 15, 1955, he sustained, while at work, a muscle strain in his upper right abdomen. At 6:05 on that evening he reported the accident at the company infirmary and its record showed the occurrence as happening at 6:00 p. m. Landes died on July 1, 1956, nearly a year after the strain was received, from a malignant tumor which existed...

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