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TEXAS EMPLOYERS' INS. ASS'N v. ALVAREZ

No. 08-82-00277-CV.

656 S.W.2d 215 (1983)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellant, v. Alfonso ALVAREZ, Appellee.

Court of Appeals of Texas, El Paso.

July 20, 1983.

Attorney(s) appearing for the Case

Jim Moseley, Shafer, Gilliland, Davis, McCollum & Ashley, Inc., Odessa, for appellant.

Steven L. Clack, Childs & Bishop Law Offices, Inc., Odessa, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This appeal is from a sustaining of a plea in abatement. It involves the question of priority of two appeals from a ruling of the Industrial Accident Board filed in different courts. We reverse and order the case reinstated on the basis that it was filed first in time.

Article 8307, sec. 5, Tex.Rev.Civ.Stat. Ann. (Vernon Supp.1982) as amended and effective August 29, 1977, authorizes either party to appeal...

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