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AMERICAN MOTORISTS INSURANCE CO. v. VILLAGOMEZ

No. A-10904.

398 S.W.2d 742 (1966)

AMERICAN MOTORISTS INSURANCE COMPANY et al., Petitioners, v. Juana A. VILLAGOMEZ, individually and as next friend of Irene Villagomez and Evangelina Villagomez, Respondents.

Supreme Court of Texas.

January 5, 1966.

Attorney(s) appearing for the Case

Scott, Hulse, Marshall & Feuille, Charles R. Jones, El Paso, for petitioners.

Guinn & Guinn, Ben A. Endlich, El Paso, for respondents.

SMITH, Justice.

This is a Workmen's Compensation suit filed by the widow and dependent children of deceased workman, Adolfo Villagomez. In the trial court summary judgment was granted for petitioners based on a determination that, as a matter of law, the claim for death benefits was not timely filed as required by Article 8307, sec. 4a, Vernon's Annotated Civil Statutes. The Court of Civil Appeals reversed the judgment of the trial court and remanded the cause for...

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