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CHEMICAL EXPRESS v. COLE

No. 15749.

342 S.W.2d 773 (1961)

CHEMICAL EXPRESS, Appellant, v. Calvin Eugene COLE et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 17, 1961.

Attorney(s) appearing for the Case

Leachman, Gardere, Akin & Porter and Edward E. Crowell, Jr., Dallas, for appellant.

Hill, Brown, Kronzer & Abraham, Houston, Woodgate, Richards & McElhaney, and Charles C. Kirkpatrick, Dallas, and Emmett Cole, Jr., Victoria, for appellees.

DIXON, Chief Justice.

Appellee Calvin Eugene Cole brought suit against appellant Chemical Express for damages for personal injuries sustained by appellee on July 7, 1958 when a pick-up truck he was driving was struck in the rear by an employee of Chemical Express, the employee being then in the course and scope of his employment.

American General Insurance Company, workmen's compensation carrier for Cole's employer, intervened to recoup for payments made to...

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