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POWELL v. VIGILANT INS. CO.

No. 1239.

577 S.W.2d 364 (1979)

J. Frank POWELL, Appellant, v. VIGILANT INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied February 22, 1979.

Attorney(s) appearing for the Case

Dicky Grigg, Spivey, Hazel & Grigg, Austin, for appellant.

Richard W. Chote, Flahive & Ogden, Austin, for appellee.

MOORE, Justice.

Appellant, J. Frank Powell, claiming to be an employee of Ponderosa Motor Inn, a partnership, filed a claim for workers' compensation benefits with the Industrial Accident Board and received an award for disability benefits. Appellee, Vigilant Insurance Company, appealed to the District Court with a prayer that the award be set aside. Appellant filed his counterclaim alleging that while in the course and...

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