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SANCHEZ v. NEW YORK UNDERWRITERS INS. CO.

No. 2-89-128-CV.

788 S.W.2d 916 (1990)

Raul SANCHEZ, Appellant, v. NEW YORK UNDERWRITERS INSURANCE COMPANY and David Sampson, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 31, 1990.

Attorney(s) appearing for the Case

Kugle, Stewart, Dent & Frederick, and Mark S. Stewart, Fort Worth, for appellant.

Shannon, Gracey, Ratliff & Miller, Anne Gardner and Edward L. Wilkinson, Fort Worth, for appellees.

Before FARRIS, LATTIMORE and MEYERS, JJ.

OPINION

FARRIS, Justice.

Appellant, Raul Sanchez, appeals the trial court's granting appellees, New York Underwriters Insurance Company (NYUIC), and David Sampson, summary judgment. Sanchez was injured in the course of his employment and filed a worker's compensation claim against NYUIC with the Texas Industrial Accident Board. Thereafter, the board made an award of $203 for fifty-two weeks at total temporary disability and both parties appealed the

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