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TEXAS EMPLOYERS' INSURANCE ASSOCIATION v. ELDER

No. 15572.

274 S.W.2d 144 (1954)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION et al., Appellants, v. Ethel Mae ELDER, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 14, 1955.

Attorney(s) appearing for the Case

Burford, Ryburn, Hincks & Ford, Logan Ford, and Clarence A. Guittard, Dallas, for appellant Texas Employers' Ins. Ass'n.

John Ben Shepperd, Atty. Gen., and J. Milton Richardson, Asst. Atty. Gen., for appellant Industrial Accident Board.

West, Howard & Mitchell and James L. Mitchell, Dallas, for appellee.

RENFRO, Justice.

Texas Employers' Insurance Association has appealed from a judgment decreeing Ethel Mae Elder entitled to death benefits under the Workmen's Compensation Act, Vernon's Ann.Civ.St. art. 8306 et seq., as the surviving common-law wife of Grover Cleveland Elder, deceased. The claim was resisted on the ground Ethel Mae was not legally married to Elder because of a prior undissolved marriage to Allen Dade.

The jury made the following findings:<...

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