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WASHBURN v. ASSOCIATED INDEM. CORP.

No. 05-86-00174-CV.

721 S.W.2d 928 (1986)

Gary WASHBURN and Sharron Hodges Washburn, Individually and as Representatives of the Estate of Howard S. Washburn, Deceased, Appellants, v. ASSOCIATED INDEMNITY CORPORATION, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied January 6, 1986.

Attorney(s) appearing for the Case

Joe Hill Jones, Jerry R. Gibson, Dallas, for appellants.

Before AKIN, WHITHAM and STEWART, JJ.

WHITHAM, Justice.

The issues in this workers' compensation case arise from the race to the courthouse. Appellants Gary Washburn and Sharron Hodges Washburn, individually, and as representatives of the estate of Howard S. Washburn, deceased, appeal from a summary judgment in favor of appellee, Associated Indemnity Corporation. Both parties filed motions for summary judgment. As the result of stipulations of fact, the principal issue becomes whether either the doctrine...

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