Employers Mutual Casualty Co. v. Maggart

SPEARS, Chief Judge.

This is a workmen’s compensation case arising out of the death of Raymond Maggart. Defendants, Sarah W. Mag-gart and Charlotte Kay Maggart, are the surviving spouse and minor daughter, respectively, of the deceased employee.

The Texas Industrial Accident Board awarded the widow and the minor child $17.50 per week each for 360 consecutive weeks, less attorneys’ fees, and ordered funeral expenses paid to the extent of $500.00. Although the amount awarded each defendant was $6,300.00, the plaintiff insurance company in this diversity action, contends that, for the purpose of…