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TEXAS EMPLOYERS' INSURANCE ASS'N v. McCLELLAN

No. 8293.

490 S.W.2d 946 (1973)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellant, v. O. H. McCLELLAN, Sr., Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 5, 1973.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Berry, R. A. Wilson, Amarillo, for appellant.

Edwards, Smith & Associates, Carson Smith, Amarillo, for appellee.

JOY, Justice.

This workmen's compensation suit is here appealed from a judgment against Texas Employers' Insurance Association for total and permanent incapacity in favor of plaintiff, O. H. McClellan. Reversed and remanded.

Appellant, Texas Employers' Insurance Association, first contends no evidence and against the great weight and preponderance of the evidence to sustain the jury's answers of total incapacity beginning on December 4, 1970. McClellan, appellee...

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