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GAINES v. ALLSTATE INSURANCE COMPANY

No. 3675.

353 S.W.2d 471 (1961)

Walker GAINES, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 16, 1962.

Attorney(s) appearing for the Case

John H. Holloway, Houston, for appellant.

Bracewell, Reynolds & Patterson, Houston, for appellee.

GRISSOM, Chief Justice.

This is a workmen's compensation case. Walker Gaines fell from the roof of a house owned by Mrs. Lewis while he was putting on roofing which had been sold to her by Sears, Roebuck and Company. Gaines was injured in the fall. He claimed he was an employee of Sears and sued Allstate Insurance Company, who was Sears' workmen's compensation insurance carrier. The insurance company contended that Gaines was not Sears' employee, but the employee...

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