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TEXAS EMPLOYERS' INS. ASS'N v. SHEPPEARD

No. 427.

42 F.Supp. 669 (1938)

TEXAS EMPLOYERS' INS. ASS'N v. SHEPPEARD.

District Court, S. D. Texas, Houston Division.

April 9, 1938.

Attorney(s) appearing for the Case

Royston & Rayzor and Robt. Eikel, Jr., all of Houston, Tex., for libelant.

Douglas W. McGregor, U. S. Atty., and Brian S. Odem, Asst. U. S. Atty., both of Houston, Tex., for respondent.

Erwin G. Thompson and Barksdale Stevens, both of Houston, Tex., for intervenor Bernard Bonato.

HUTCHESON, Circuit Judge.

By this proceeding, libellant tests for error the action of the Commissioner in reopening on the ground of mistake in a determination of fact by the Deputy Commissioner, and redetermining, a compensation award made to one Bernard Bonato. The objections to the reopening are two. One, that it was too late because more than one year had elapsed after the final payment of the first award. Two, that there was present neither of the statutory grounds...

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