SMITH v. FIDELITY & CASUALTY COMPANY OF NEW YORK

No. 17328.

261 F.2d 460 (1958)

T. O. SMITH, Appellant, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals Fifth Circuit.

December 11, 1958.


Attorney(s) appearing for the Case

Jim S. Phelps, Houston, Tex., for appellant.

A. J. Watkins, Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel, for appellee.

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


HUTCHESON, Chief Judge.

This is an appeal from a judgment entered for defendant in a Workmen's Compensation case on its motion to withdraw the case from the jury and render judgment in its favor. It presents as the single question for decision whether plaintiff proved compliance with the Texas statute, Vernon's Ann.Civ.St. art. 8307, § 4a, requiring the filing of a claim with the Industrial Accident Board within six months from the date of the injury or that...

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