RIVES, Circuit Judge.
In this diversity action, appellant-plaintiff sued appellee-defendant for personal injuries received on September 14, 1957 when he fell approximately 40 feet from a water tank on which he was working as an employee of the defendant. He alleged that the defendant, though eligible, was not a subscriber to the Workmen's Compensation Laws of Texas, and that the plaintiff's injuries resulted from the defendant's failure to furnish him with a safe...
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