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TRAVELERS INSURANCE COMPANY v. LINDER

No. 5577.

368 S.W.2d 797 (1963)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Robert L. LINDER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 1, 1963.

Second Motion and Amended Second Motion for Rehearing Denied June 19, 1963.

Attorney(s) appearing for the Case

Turpin, Kerr, Smith & Dyer, Thornton Hardie, Jr., Max N. Osborn, Midland, for appellant.

Warren Burnett, Lee Arnett, Odessa, for appellee.

FRASER, Justice.

This is an appeal from a judgment awarding maximum benefits under the Workmen's Compensation Law of this State for total and permanent incapacity from injuries received while working as a roughneck on February 23, 1960.

Issue No. 3 inquired whether or not appellee's total incapacity was permanent. Appellant presented four points of error, all directed at this issue. Points 2 and 4 alleged that there was no evidence to authorize either the...

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