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NORTH RIVER INSURANCE COMPANY v. HUBBARD

No. 24448.

391 F.2d 863 (1968)

NORTH RIVER INSURANCE COMPANY, Appellant, v. John Ramey HUBBARD, Jr., et ux., Appellees.

United States Court of Appeals Fifth Circuit.

March 19, 1968.

Attorney(s) appearing for the Case

John E. Gunter, Midland, Tex., Rassman, Gunter & Boldrick, Midland, Tex., of counsel, for appellant.

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

Before RIVES, GOLDBERG and AINSWORTH, Circuit Judges.

GOLDBERG, Circuit Judge:

Again we consider whether for purposes of workmen's compensation an employee was injured "in the course of employment." Specifically, was John Ramey Hubbard, III acting "in the course of employment" when he was killed in an automobile accident while driving from his former home in Albuquerque, New Mexico, to Midland, Texas, in order to establish a residence and to work for the McClatchy Cleaners in Midland? The trial court overruled the appellant...

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