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BUTTS v. NATIONAL STANDARD INSURANCE COMPANY

No. 4634.

499 S.W.2d 756 (1973)

Wilmeda C. BUTTS, Appellant, v. NATIONAL STANDARD INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 5, 1973.

Attorney(s) appearing for the Case

Carter, Jones, Magee, Rudberg, Moss & Mayes, Ralph C. Jones, Dallas, for appellant.

Bailey, Williams, Westfall & Henderson, David Westfall, Dallas, for appellee.

WALTER, Justice.

Wilmeda C. Butts recovered a judgment against National Standard Insurance Company in a workmen's compensation suit in the amount of $4,589.84. The court found that the insurance company had made prior payments to Mrs. Butts in the total amount of $2,147.70 and awarded her a judgment for $2,242.14.

Butts has appealed and contends the court erred in allowing the set-off of $2,147.70 because the insurance company did not affirmatively plead payment...

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