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INDUSTRIAL COM'N v. LONDON & LANCASHIRE INDEM. CO.

No. 18169.

311 P.2d 705 (1957)

INDUSTRIAL COMMISSION OF COLORADO, a Corporation, Glenna Mary Tate, and Anthony Tate, a minor, Claimants in the matter of the death of Ralph Malcolm Tate, Plaintiffs in Error, v. LONDON & LANCASHIRE INDEMNITY COMPANY, and Franklin Research Distributors, Inc., Defendants in Error.

Supreme Court of Colorado. In Department.

May 27, 1957.

Attorney(s) appearing for the Case

Harold D. Torgan, Denver, for plaintiffs in error Glenna Mary Tate and Anthony Tate, a minor.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for plaintiff in error Industrial Comm. of Colo.

Wormwood, O'Dell & Wolvington, Paul D. Renner, Denver, for defendants in error.

KNAUSS, Justice.

Plaintiffs in error seek reversal of a judgment of the Denver district court which vacated an award of the Industrial Commission in favor of Glenna Mary Tate, widow of Ralph Malcolm Tate, and her minor son Anthony Tate for the death of the husband and father on December 30, 1956. The district court held that claimants had not established by any evidence in the record that Ralph Malcolm Tate died as a result of an accident arising out of and in the...

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