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CITY OF AUSTIN v. COOK

No. 10737.

333 S.W.2d 398 (1960)

CITY OF AUSTIN, Appellant, v. Tommie Lee COOK, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 30, 1960.

Attorney(s) appearing for the Case

Doren R. Eskew, City Atty., C. J. Taylor, Jr., and Thomas R. Hunter, Asst. City Attys., Austin, for appellant.

E. H. Grindstaff, Weatherford, F. L. Kuykendall, Byrd & Davis, Austin, for appellee.

HUGHES, Justice.

This is a workmen's compensation case brought by appellee, Tommie Lee Cook, against the City of Austin, self insured under the provisions of Art. 8309e, Vernon's Ann.Civ.St.

Jury verdict and corresponding judgment were returned and entered for appellee for permanent and total disability.

We are of the opinion that appellant's third, fourth and fifth points should be sustained. They relate to the action of the Trial Court in a proceeding...

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