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NAT. UNION FIRE INS. CO. OF PITTSBURGH v. RUSSELL

Nos. 91-7064, 91-7072.

972 F.2d 628 (1992)

NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellant, v. Barbara L. (Lillian) RUSSELL, Defendant-Appellee. Socorro RODRIGUEZ, Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1992.

Attorney(s) appearing for the Case

E. Thomas Bishop, Alexander N. Beard, Dallas, Tex., for Nat. Union Fire Ins. Co. of Pittsburgh, Pa.

Brian Arnold Eberstein, Dallas, Tex., for Barbara L. (Lillian) Russell.

Ben A. Goff, Goff & Meador, Pablo Alvarado, Dallas, Tex., for Socorro Rodriguez.

Before WISDOM, SMITH, and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

At issue here is the determination of jurisdictional amount, for purposes of diversity jurisdiction, under Texas's scheme for disbursing workers' compensation and medical benefits. In Texas, the Texas Workers' Compensation Commission (TWCC) holds a hearing on each claim, then makes an award. If either party is not satisfied with the award, it may bring the case to court. Once suit is filed, the award is automatically "set aside," and...

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