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OVERSTREET v. HOME INDEMNITY COMPANY

No. C-3126.

678 S.W.2d 916 (1984)

Melba Sue OVERSTREET, Petitioner, v. The HOME INDEMNITY COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied November 21, 1984.

Attorney(s) appearing for the Case

Wilson, Williams & Molberg, John B. Wilson, Dallas, for petitioner.

Strasburger & Price, Royal H. Brin, Jr., E. Thomas Bishop and P. Michael Jung, Dallas, for respondent.

PER CURIAM.

This is a suit to set aside a decision of the Industrial Accident Board. The trial court granted summary judgment for the Home Indemnity Company, the Workers' Compensation carrier, on the grounds of waiver, estoppel, ratification and election. The court of appeals affirmed the judgment on the ground of election, basing its holding on a set of requests deemed admitted under Tex.R.Civ.P. 169. 669 S.W.2d 825. The remaining...

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