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MESTA v. TRAVELERS INSURANCE CO.

No. B-1341.

438 S.W.2d 905 (1969)

Fortino MESTA, Petitioner, v. The TRAVELERS INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied April 23, 1969.

Attorney(s) appearing for the Case

Putman & Putman, Harold D. Putman, Jr., San Antonio, for petitioner.

Matthews, Nowlin, Macfarlane & Barrett, F. W. Baker, San Antonio, for respondent.

PER CURIAM.

The court of civil appeals has reversed a trial court judgment for the plaintiff for workmen's compensation benefits because of refusal by the trial court to give the insurer's requested special instructions Nos. 4 and 5. 435 S.W.2d 228.

The requested instructions quoted the provisions of Article 8309, Section lb, Vernon's Ann. Texas Civil Statutes, dealing with the compensability of injuries sustained during...

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