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LIBERTY MUTUAL INSURANCE COMPANY v. SMITH

No. 16757.

410 S.W.2d 27 (1966)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Harold E. SMITH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 30, 1966.

Attorney(s) appearing for the Case

Brown, Day & Crowley and M. Hendricks Brown, Fort Worth, for appellant.

John W. Herrick, Fort Worth, for appellee.

OPINION

ON MOTION FOR REHEARING

LANGDON, Justice.

This is a workmen's compensation case. Claimant recovered judgment in the trial court based upon a jury finding of total and permanent disability to which appellant makes no complaint. Its appeal is based solely upon the claimant's alleged failure to file proper notice of nonabidance in compliance with Article 8307, § 5, Vernon's Ann.Tex.Civ.St.

On March 13, 1964, the Board rendered...

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