WINDER v. CONSOLIDATED UNDERWRITERS

No. 9002.

107 F.2d 973 (1939)

WINDER v. CONSOLIDATED UNDERWRITERS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1940.


Attorney(s) appearing for the Case

E. W. Napier, of Wichita Falls, Tex., for appellant.

T. R. Boone, of Wichita Falls, Tex., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant is the widow of Boyd Winder, deceased. Her claim for compensation for his death having been denied by the Board, on the ground that she had failed to show that Winder's death occurred in the course of his employment, she brought this suit. At the conclusion of the evidence, defendant moved for a verdict on two grounds. The first of these was, that plaintiff had not shown herself to be the legal wife, and therefore, the legal beneficiary...

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