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TRAVELERS INSURANCE COMPANY v. TRUITT

No. 18136.

280 F.2d 784 (1960)

TRAVELERS INSURANCE COMPANY, Appellant, v. J. R. TRUITT, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 21, 1960.

Attorney(s) appearing for the Case

Paul W. Persons, Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., of counsel, for appellant.

W. James Kronzer, Freeman M. Bullock, Houston, Tex., Hill, Brown, Kronzer & Abraham, Houston, Tex., of counsel, for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

Here we are called upon to apply Texas substantive principles for recovery under its Workmen's Compensation Statute. Tex.Civ.Stat., arts. 8306-8309 (Vernon's Ann.Civ.St.). The District Court, based on a jury verdict submitted on a special interrogatories finding the Employee totally disabled for 301 weeks, entered judgment for the Employee. Truitt v. Travelers Ins. Co., D.C.S.D. Tex., 1959, 175 F.Supp. 67

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