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DOWNS v. CONTINENTAL CAS. CO.

No. 04-99-00111-CV.

32 S.W.3d 260 (2000)

Mary Ann DOWNS, Beneficiary of Raymond Downs, Deceased, Appellant, v. CONTINENTAL CASUALTY CO., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 15, 2000.

Attorney(s) appearing for the Case

Kenneth W. Howell, Miller & Henderson, San Antonio, for Appellant.

Joe R. Anderson, Jeffrey R. Jurry, Kristin L. Lemke, Burns Anderson Jury & Brenner, L.L.P., Austin, Tim K. Singley, Thornton, Summers, Biechlin, Dunham & Brown, San Antonio, Bradley D. McClellan, Asst. Atty. Gen., Austin, for Appellee.

Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: SARAH B. DUNCAN, Justice.

We grant Continental Casualty Co.'s and Mary Ann Downs' motions for rehearing, withdraw our opinion and judgment issued January 26, 2000, and in their place issue this opinion and a revised judgment.

After the Texas Workers' Compensation Commission found Raymond Downs' death was not compensable, it denied the timely claim for death benefits filed by his widow, Mary Ann Downs. Downs appealed, contending...

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