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SCHROEDER v. TEXAS EMPLOYERS' INSURANCE ASS'N

No. 4036.

360 S.W.2d 916 (1962)

Rienhard O. SCHROEDER, Appellant, v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 18, 1962.

Attorney(s) appearing for the Case

Dunnam & Dunnam (on appeal only), Waco, for appellant.

P. M. Johnston, Waco, for appellee.

TIREY, Justice.

This is an appeal from a summary judgment. Appellee has filed its motion to dismiss, grounded on the proposition that the transcript fails to show that appellant gave notice of appeal in either of the provisions as prescribed by Rule 353, Texas Rules of Civil Procedure. Defendant filed its Original Answer on February 9, 1962, and on March 7th, filed its motion for summary judgment. Appellant filed no reply to appellee's motion and, thereafter, on the...

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