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BARNES v. BITUMINOUS CASUALTY CORPORATION

No. 8365.

495 S.W.2d 5 (1973)

Weldon D. BARNES et ux., Appellants, v. BITUMINOUS CASUALTY CORPORATION, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied May 14, 1973.

Attorney(s) appearing for the Case

Jack Hazlewood, Amarillo, for appellants.

Culton, Morgan, Britain & White, Sam R. Cummings, Amarillo, for appellee.

REYNOLDS, Justice.

Summary judgment requires this appellate review. Suit was filed in the district court to recover from the workmen's compensation insurance carrier the injured employee's dental expenses allegedly payable by the insurance carrier under an Industrial Accident Board approved compromise settlement agreement. The insurance carrier moved for summary judgment on the grounds that the district court was without jurisdiction since the claim had not been presented...

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