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COMMERCIAL UNION INS. CO. OF NEW YORK v. MABRY

No. 15468.

442 S.W.2d 413 (1969)

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, Appellant, v. Wilson D. MABRY, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied June 12, 1969.

Attorney(s) appearing for the Case

J. W. Patten, Houston, for appellant; Stafford & Patten, Houston, of counsel.

James B. Davis, Mabel Grey Howell, Houston, for appellee.

PEDEN, Justice.

Suit under the Workmen's Compensation Act by Wilson D. Mabry to set aside an award of the Industrial Accident Board and for total, permanent disability. Commercial Union Insurance Company has filed this appeal from a judgment which included a recovery by Mabry for 190 weeks of partial disability based in part on a jury finding that his average daily wage before injury was $37.26. Appellant contends that...

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