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DYE v. WESTERN FIRE AND INDEMNITY COMPANY

No. B-693.

426 S.W.2d 209 (1968)

Lloyd DYE et ux., Petitioner, v. WESTERN FIRE AND INDEMNITY COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied May 1, 1968.

Attorney(s) appearing for the Case

Splawn & Maner, Don Reed, Lubbock, for petitioner.

Crenshaw, Dupree & Milam, Cecil Kuhne, Lubbock, for respondent.

PER CURIAM.

The court of civil appeals reversed the judgment of the trial court and remanded the cause for retrial on the sole ground that the jury finding on the issue of the workman's wage rate was contrary to the overwhelming weight of the evidence. The intermediate court refused the workman's tendered remittitur of the full amount of that part of the finding which was questioned. 423 S.W.2d 143.

The jury found that Naomi...

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