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HART v. UNITED STATES FIDELITY AND GUARANTY COMPANY

No. 19184.

304 F.2d 572 (1962)

Horace HART, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

June 20, 1962.

Attorney(s) appearing for the Case

William VanDercreek, Jack Gay, Marvin, Jones, Jones, Phillips, Barnes & Watkins, Dallas, Tex., for appellant.

Curtis White, Reo Knowles, Durwood D. Crawford, Dallas, Tex., for appellee.

Dayton G. Wiley, San Antonio, Tex., amicus curiae.

Before RIVES, CAMERON and GEWIN, Circuit Judges.

CAMERON, Circuit Judge.

The facts of this case bring it within the ambit of the decision of this Court in Hardware Mutual Casualty Co. v. McIntyre, May 1962, 304 F.2d 566. The facts in this case are these:

The appellee United States Fidelity and Guaranty Company, a compensation carrier of the employer of the appellant Horace Hart, instituted this diversity action to set aside a $910.00 award to appellant by the Texas Industrial...

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