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SIMMONS v. TEXAS CITY TERMINAL RY. CO.

No. C14-82-183CV.

654 S.W.2d 791 (1983)

Leon A. SIMMONS, Appellant, v. TEXAS CITY TERMINAL RAILWAY COMPANY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied June 23, 1983.

Attorney(s) appearing for the Case

Gary Lee, Bates & Lee, Houston, for appellant.

Frank W. Gerold, McLeod, Alexander, Powel & Apffel, Galveston, for appellee.

Before JUNELL, MURPHY and SEARS, JJ.

MURPHY, Justice.

We are called upon to determine whether an injured maritime employee who is covered by the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901-950 (1976), may elect to bring suit under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1976). We hold that any person who is an "employee" as defined by the Longshoremen's and Harbor Workers' Compensation Act (LHWCA) and otherwise qualifies for coverage under...

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