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HAMILTON v. INDUSTRIAL COMMISSION

No. 17698.

289 P.2d 639 (1955)

Omie HAMILTON, as Guardian and next friend of Betty Hamilton and Raymond Hamilton, Minors, Plaintiff in Error, v. The INDUSTRIAL COMMISSION of Colorado, State Compensation Insurance Fund and J. Stanley Weideman, Inc., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 21, 1955.

Attorney(s) appearing for the Case

Lewis M. Perkins, Howell W. Cobb, Durango, Bentley M. McMullin, Aurora, for plaintiff in error.

Harold Clark Thompson, Louis Schiff, Alious Rockett, Denver, for State Compensation Insurance Fund.

Duke Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter Dye, Asst. Atty. Gen., for Industrial Commission.

Frederic B. Emigh, A. M. Emigh, Durango, for J. Stanley Weideman, Inc.

BRADFIELD, Justice.

This proceeding is to review the judgment of the District Court of La Plata County, Colorado, affirming a finding and award of the Industrial Commission of Colorado denying a claim by plaintiff for compensation for the accidental death of Oscar M. Hamilton on December 17, 1953, near Durango, Colorado, as not being within the course of employment by respondent employer, J. Stanley Weideman, Inc.

The case was referred to the referee who found...

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