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AETNA CASUALTY AND SURETY COMPANY v. DOOLEY

No. 4534.

410 S.W.2d 314 (1966)

The AETNA CASUALTY AND SURETY COMPANY, Appellant, v. J. D. DOOLEY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 8, 1966.

Attorney(s) appearing for the Case

Naman, Howell, Smith & Chase, Louis Muldrow, Waco, for appellant.

Tom Beard, Hillsboro, for appellee.

OPINION

TIREY, Justice.

This action was brought by Dooley to recover compensation benefits, and the jury answered all special issues favorable to him, and the court's judgment awarded him a recovery of benefits for total and permanent disability in a lump sum in keeping with the verdict.

Dooley went to trial on his original petition. Pertinent to this discussion he alleged:

"Plaintiff says that...

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