KAY v. HOME INDEMNITY COMPANY

No. 21290.

337 F.2d 898 (1964)

Grover C. KAY, Appellant, v. The HOME INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 27, 1965.


Attorney(s) appearing for the Case

Warren Burnett, Odessa, Tex., Robert D. Pue, Law Offices of Warren Burnett, Odessa, Tex., of counsel, for appellant.

Perry Davis, Jr., Shafer, Gilliland, Davis, Bunton & McCollum, Odessa, Tex., for appellee.

Before HUTCHESON, RIVES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question in this case is the extremely narrow one arising under the Texas Workmen's Compensation Act, Vernon's Tex.Civ.Stat.Ann. art. 8306 (1956). This is its first appearance here, although in the Federal District Courts the count is now two to one in support of the judgment of dismissal below.1

Specifically, what, and all that, is involved is the "jurisdiction" of the last court in the race to...

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