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LEE v. WESTCHESTER FIRE INS. CO.

No. 8638.

534 S.W.2d 392 (1976)

Juan LEE, Appellant, v. WESTCHESTER FIRE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

February 23, 1976.

Attorney(s) appearing for the Case

Smith & Smith Law Offices, Mickey Blanks, Lubbock, for appellant.

Key, Carr, Evans & Fouts, Donald M. Hunt, Lubbock, for appellee.

REYNOLDS, Justice.

A workmen's compensation claimant, who recovered from the party liable for his injuries a sum greater than that paid by the intervening insurance carrier, seeks under Vernon's Ann.Civ.St. art. 8307, § 6a, a fee for his attorney payable out of the carrier's subrogation recoupment on the ground that the carrier's interest was not actively represented by its attorney. The trial court, finding that the carrier's interest was actively represented...

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