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ALLSTATE INS. CO. v. SHELBY

No. CA3-87-1572-D.

672 F.Supp. 956 (1987)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Carl SHELBY, Defendant.

United States District Court, N.D. Texas, Dallas Division.

November 10, 1987.

Attorney(s) appearing for the Case

E. Thomas Bishop of Strasburger & Price, Dallas, Tex., for plaintiff.

Roger G. Williams of Wilson, Williams & Molberg, Dallas, Tex., for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

A forum skirmish typically fought in two Texas state courts requires this Erie court to determine whether Texas permits an insurer who is completely successful before the Industrial Accident Board ("IAB") to appeal the IAB's final award. Concluding that Texas does not permit such an appeal, the court grants defendant's motion for summary judgment1 and dismisses this...

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