No. B-6007.

545 S.W.2d 766 (1977)

Bernard DODD, Petitioner, v. TWIN CITY FIRE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

January 19, 1977.

Attorney(s) appearing for the Case

Daves & Rodkin, Larry R. Daves, Tyler, for petitioner.

William Drew Perkins, Lufkin, for respondent.

GREENHILL, Chief Justice.

This is a workmen's compensation case brought by Bernard Dodd for injuries suffered as an employee of Lone Star Phosphate Company [Lone Star Phosphate] which was insured by Twin City Fire Insurance Company [insurance company].

The insurance company asserted as a defense that Lone Star Phosphate was not the employer of Dodd at the time of the injury. It is contended that at such time, Dodd was

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