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TEXAS EMP. INS. ASS'N v. SEDBERRY

No. 18329.

606 S.W.2d 35 (1980)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellant, v. Sam SEDBERRY, Sr. and Lorene Holloway Sedberry, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied October 9, 1980.

Attorney(s) appearing for the Case

Stan Carter, Wichita Falls, for appellant.

Wilson & Altman, and William K. Altman, Wichita Falls, for appellees.

OPINION

SPURLOCK, Justice.

This is a workers' compensation case. The parents of a cement finisher recovered a judgment against Texas Employers' Insurance Association (TEIA) for death benefits growing out of the death of their son as a result of an alleged heat stroke. Appellees, by cross points, seek a penalty for this being a frivolous appeal.

We affirm. We also impose penalty by way of damages.

During oral submission TEIA suggested its...

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