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INDUSTRIAL ACCIDENT BD. v. TEXAS EMPLOYERS' INS. ASS'N

No. 10775.

336 S.W.2d 216 (1960)

INDUSTRIAL ACCIDENT BOARD of the State of Texas, Appellant, v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 15, 1960.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., W. O. Shultz, II, Tom I. McFarling, Asst. Attys. Gen., for appellant.

Hardeman, Smith & Foy, Earl W. Smith, San Angelo, for appellee.

ARCHER, Chief Justice.

Plaintiff appealed from an award from the Industrial Accident Board which ordered that the plaintiff pay into the Second Injury Fund the sum provided by statute. Such order was based on the finding that there was "no person entitled to compensation surviving" the deceased employee. The case was tried before the trial court on agreed facts without the intervention of a jury and the trial court set aside the award of the Industrial Accident Board...

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