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BURKHART v. CONCHO INDUS. SUPPLY, INC.

No. 12553.

549 S.W.2d 469 (1977)

Glen BURKHART, Appellant, v. CONCHO INDUSTRIAL SUPPLY, INC., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 27, 1977.

Attorney(s) appearing for the Case

Galen A. Moeller, San Angelo, for appellant.

George S. Finley, Smith, Davis, Rose, Finley & Hofmann, San Angelo, for appellee.

PHILLIPS, Chief Justice.

The question for decision is whether the filing and prosecution of a workmen's compensation claim tolls the two-year statute of limitations applicable to a tort action arising out of the same injury. The trial court thought not and so held, and we affirm its judgment.

The facts of this case are not in dispute. Appellant was injured in the course of his employment on September 14, 1973. On...

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