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COLLIER v. ALLSTATE INSURANCE COMPANY

No. 25219.

395 F.2d 719 (1968)

Mirven COLLIER, Appellant, v. ALLSTATE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 27, 1968.

Attorney(s) appearing for the Case

Warren Burnett, Robert E. Hoblit, Odessa, Tex., for appellant.

Rush Moody, Jr., Stubbeman, McRae, Sealy & Laughlin, Midland, Tex., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

Appellant Collier sustained an injury while in the employ of Carl Diffee. Mr. Diffee did not employ three or more employees and thus was not subject to the Texas Workmen's Compensation Act. Mr. Diffee voluntarily made protection equivalent to the protection afforded under the Workmen's Compensation Act available to his two employees through the purchase of insurance from Allstate. The insurance contract containing a "voluntary compensation...

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