Atlantic Mutual Insurance v. Mitchell

*71MEMORANDUM OPINION AND ORDER

WOODWARD, District Judge.

Plaintiff, The Atlantic Mutual Insurance Company, is a workmen’s compensation carrier and has filed suit in this court against the claimant, Ervin Mitchell, who is an employee of Plains Cooperative Oil Mill. Plaintiff is a foreign corporation and the employee and his employer are both citizens of the State of Texas. The suit was to set aside the award by the Industrial Accident Board of the State of Texas to Mitchell of certain benefits under the workmen’s compensation law of the State of Texas.

The defendant duly filed his motion, and brief…