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TUCKER v. TEXAS EMPLOYERS INS. ASS'N

No. 01-87-00448-CV.

768 S.W.2d 742 (1988)

Alton W. TUCKER and Gary L. McConnell, Appellants, v. TEXAS EMPLOYERS INSURANCE ASSOCIATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 27, 1989.

Attorney(s) appearing for the Case

Lynn J. Klement, Gary L. McConnell, McConnell & Klement, Angleton, for appellants.

Robert L. LeBoeuf, Rainey & LeBoeuf, Angleton, for appellee.

Before LEVY, WARREN and DUGGAN, JJ.

ON REHEARING

LEVY, Justice.

Our opinion of August 25, 1988, is withdrawn, and the following opinion is issued in its stead.

This is a take-nothing judgment rendered against appellant on his action for attorney's fees brought under the Texas Worker's Compensation Act, Tex.Rev.Civ.Stat. Ann. art. 8307, sec. 6a (Vernon Supp.1989).

The claim that is the subject of this appeal was severed from a prior third-party worker's compensation suit for...

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