GENERAL ACCIDENT FIRE AND LIFE ASSUR. CORP. v. HARDIN

No. 18710.

290 F.2d 862 (1961)

GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, Ltd., Appellant, v. J. J. HARDIN, Appellee.

United States Court of Appeals Fifth Circuit.

June 2, 1961.


Attorney(s) appearing for the Case

Perry D. Davis, Jr., Elton Gilliland, of McDonald, Shafer & Gilliland, Odessa, Tex., for appellant.

Tom Sneed, John J. Watts, Odessa, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question here is whether the Judge's finding is clearly erroneous, F.R. Civ.P. 52(a), 28 U.S.C.A., that the Claimant had good cause for failure to file his Texas workmen's compensation claim after the expiration of the six-months' period. Tex.Civ.Stat. art. 8307, § 4a.

There is no longer any dispute that an injury occurred and that notice of injury was given. Hardin was working as a welder for a construction company....

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