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PACIFIC EMP. INDEM. CO. v. CUSTER

No. 5636.

540 S.W.2d 780 (1976)

PACIFIC EMPLOYERS INDEMNITY COMPANY, now: INA of Texas, Appellant, v. Betty L. CUSTER et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 23, 1976.

Attorney(s) appearing for the Case

Robert Summers, Clark, Thornton & Summers, San Antonio, for appellant.

Frank R. Southers, Clem Lyons, Southers, Goldberg, Lyons & Huson, Inc., George Rigely, San Antonio, for appellees.

OPINION

McDONALD, Justice.

This is a workmans compensation case. Appellant Pacific, the insurance carrier filed suit to set aside final award of the Industrial Accident Board awarding death benefits to appellees, because of the death of Edwin D. Custer. Appellee's widow and minor children of Edwin D. Custer answered, and cross actioned seeking death benefits under the compensation law.

Appellees alleged...

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