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JOHNSON v. INDUSTRIAL COMMISSION OF COLORADO

No. 18590.

328 P.2d 384 (1958)

Della JOHNSON and Gary Lee Johnson by Della Johnson, Next Friend, Plaintiffs in Error, v. INDUSTRIAL COMMISSION OF COLORADO, State Compensation Insurance Fund, and Aldridge Mercantile Company, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 18, 1958.

Attorney(s) appearing for the Case

Eugene O. Perkins, Colorado Springs, for plaintiffs in error.

Harold Clark Thompson, Louis Schiff, Alious Rockett, Fred Boden Dudley, Denver, for defendants in error, State Compensation Ins. Fund, and Aldridge Mercantile Co.

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

FRANTZ, Justice.

The widow and minor child of the decedent were unsuccessful before the Industrial Commission in their claim for death benefits in a workmen's compensation case. Having exhausted their administrative remedy, they initiated proceedings in the district court by complaint, seeking to have set aside the determination of the Commission. After a hearing the trial court entered judgment affirming the action of the Commission, and we now are asked to reverse...

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