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TEXAS GENERAL INDEM. CO. v. LEE

No. 5110.

570 S.W.2d 231 (1978)

TEXAS GENERAL INDEMNITY COMPANY, Appellant, v. E. V. LEE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 7, 1978.

Attorney(s) appearing for the Case

Robert D. Batjer, Jr., Wagstaff, Harrell, Pope, Alvis, Dickenson & Erwin, Abilene, for appellant.

Aubrey L. Roberts, Jr., Mays, Moore, Dickson & Roberts, Inc., Sweetwater, for appellee.

RALEIGH BROWN, Justice.

This is a workmen's compensation case. Trial before a jury resulted in a judgment awarding E. V. Lee total and permanent benefits against Texas General Indemnity Company. Texas General appeals. We reverse and remand.

This case was the result of an alleged back injury sustained by Lee in the course of his employment by Chemical Express Carriers, Inc., on December 26, 1973. On October 1, 1975, Lee sustained a second injury to his back...

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