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INDEMNITY INSURANCE OF NORTH AMERICA v. NOLLKAMPER

No. 13822.

352 S.W.2d 308 (1961)

INDEMNITY INSURANCE CO. OF NORTH AMERICA, Appellant, v. V. P. NOLLKAMPER, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied January 4, 1962.

Attorney(s) appearing for the Case

Finis Cowan, Houston, for appellant; Baker, Botts, Andrews & Shepherd, Houston, of counsel.

M. A. Lehmann, Houston, for appellee and cross-appellant V. P. Nollkamper; Smith & Lehmann, Houston, Luther F. Hardin, Sidney J. Brown, Rosenberg, of counsel.

BELL, Chief Justice.

The appellee recovered judgment against appellant in a workmen's compensation case for sixty four weeks of total disability, followed by permanent partial disability.

The injury was to appellee's back. Previously he had received a noncompensable injury to the back. The noncompensable injury and the injury here involved were both to the intervertebral disc at the L 4 and L 5 level. Also the last injury was to the thoracic spine according...

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