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NATIONAL SURETY CORPORATION v. BONDS

No. 17767.

275 F.2d 389 (1960)

NATIONAL SURETY CORPORATION and Bituminous Casualty Corporation, Appellants, v. Jewell BONDS, widow of Willie Jolliff, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 8, 1960.

Attorney(s) appearing for the Case

Gerard M. Dillon, Curtis, Foster & Dillon, New Orleans, La., for National Surety Corporation.

W. Ford Reese, John T. Cooper, Adams & Reese, New Orleans, La., for Bituminous Casualty Corporation.

Edgar Corey, New Orleans, La., for appellees.

Before JONES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

In this action a widow and four children were awarded death benefits under the Louisiana Workmen's Compensation Law. LSA-R.S. of 1950, 23:1021 et seq. We reverse the judgment on the ground that the decedent's accident was not one "arising out of and in the course of his employment", as required by the Act. LSA-R.S. of 1950, 23:1031.

Willie Jolliff, the plaintiff's husband, cut timber for Clifford...

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