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LIBERTY MUT. INS. CO. v. WOODY

No. 01-82-0079-CV.

640 S.W.2d 718 (1982)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. James WOODY, Deceased, and Eva Woody, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 9, 1982.

Attorney(s) appearing for the Case

Mike Phillips, Boswell, O'Toole, Davis & Pickering, Houston, for appellant.

Robert L. LeBoeuf, Gilbert, Gilbert, Rainey & LeBoeuf, Angleton, for appellee.

Before SMITH, STILLEY and PRICE, JJ.

OPINION

PRICE, Justice.

This is an appeal from a summary judgment awarding the appellee death benefits pursuant to the Texas Workers' Compensation Act.

James Woody was employed as a truck driver with Mims Meat Company of Houston, Texas. On February 5, 1978, he was killed in a traffic accident in Utah while in pursuit of his employment. On January 16, 1980, the Industrial Accident Board awarded Eva Woody, his estranged wife for more than eight years...

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