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DIVELBISS v. INDUSTRIAL COMMISSIONS

No. 19145.

344 P.2d 1084 (1959)

James R. DIVELBISS, Plaintiff in Error, v. INDUSTRIAL COMMISSION of Colorado and Colorado Fuel and Iron Corporation, a Colorado Corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 9, 1959.

Attorney(s) appearing for the Case

Graham & Scheunemann, Denver, for plaintiff in error.

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

Tippit, Haskell & Welborn, Elmer P. Cogburn, Denver, for defendant in error, Colorado Fuel and Iron Corp.

DOYLE, Justice.

Plaintiff in error filed a claim for workmen's compensation before the Industrial Commission. Hearing was had before a Commission referee who denied the claim. The findings of the referee were adopted by the Commission, and subsequently the district court entered judgment affirming the Commission. Claimant seeks review and reversal contending that the court erred in concluding that his injury did not arise "out of and in the course of the employment...

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