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MILLERS MUTUAL FIRE INS. CO. OF TEXAS v. GILBERT

No. 7200.

462 S.W.2d 112 (1970)

The MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, Appellant, v. Lee Dell GILBERT, Appellee.

Court of Civil Appeals of Texas, Beaumont.

December 17, 1970.

Attorney(s) appearing for the Case

Morehead, Sharp, Tisdel & Gibbins, Plainview, for appellant.

Bobby D. Allen, Lubbock, for appellee.

KEITH, Justice.

Plaintiff recovered judgment for total and permanent disability under the Workmen's Compensation Law for injuries received while working for Plains Warehouse Company in Lubbock. In his trial pleading, plaintiff alleged that he received such injuries in the course and scope of his employment with his employer, saying:

"Plaintiff was using fumigation fluid which contained toxic and irritating chemicals and ingredients, including carbon tetrochloride...

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