HERNANDEZ v. TRAVELERS INSURANCE COMPANY

No. 73-1226.

489 F.2d 721 (1974)

Paz R. HERNANDEZ, Plaintiff-Appellee, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 16, 1974.


Attorney(s) appearing for the Case

Jerry A. Gibson, Dayton G. Wiley, San Antonio, Tex., for defendant-appellant.

Les Mendelsohn, San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 16, 1974.

WISDOM, Circuit Judge:

The defendant-appellant, Travelers Insurance Company, brings this interlocutory appeal under 28 U.S.C. § 1292(b) from the denial by the district court of Travelers' motion to dismiss for want of subject matter jurisdiction. The question for decision is whether in a direct action by an employee against his employer's workmen's compensation insurer, the insurer shall be deemed...

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