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IRVAN v. FROZEN FOOD EXP., INC.

No. 85-2063.

780 F.2d 1228 (1986)

Ernest Lee IRVAN, Plaintiff-Appellee, v. FROZEN FOOD EXPRESS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 1986.

Attorney(s) appearing for the Case

Atchley, Russell, Waldrop & Hlavinka, Victor Hlavinka, Alan D. Harrel, Texarkana, Tex., for defendant-appellant.

Young, Patton & Folsom, Nicholas H. Patton, Hubbard, Patton, Peek, Haltom & Roberts, William G. Bullock, Texarkana, Tex., for plaintiff-appellee.

Before POLITZ, HIGGINBOTHAM and JONES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In a case arising from a back injury, an East Texas jury awarded this plaintiff $400,000 against his employer, a non-subscriber to workman's compensation. Persuaded that the employer was denied a fair trial by the employee's exploitation of the firm's non-subscriber status and by the receipt into evidence of irrelevant claims by other employees against the company, we reverse and remand for a new trial.

I

Ernest...

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