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GAMBRIELL v. LIBERTY MUTUAL INSURANCE COMPANY

No. 21824.

342 F.2d 755 (1965)

Tom GAMBRIELL, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 28, 1965.

Attorney(s) appearing for the Case

Joe Bob Golden, Jasper, Tex., for appellant.

David C. Marcus, Beaumont, Tex., Marcus & Weller, Beaumont, Tex., of counsel, for appellee.

Before TUTTLE, Chief Judge, BROWN and FRIENDLY, Circuit Judges.

PER CURIAM.

Plaintiff Tom Gambriell, a citizen of Texas, brought this action in the District Court for the Eastern District of Texas against defendant, a Massachusetts corporation, the workmen's compensation insurance carrier for Kirby Lumber Corporation. He complained of the denial of a compensation award by the Industrial Accident Board of Texas. The defense was that at the time of the injury plaintiff was not an employee of Kirby but of E. N. Read, whom Kirby had...

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