LAMIRATO v. O. C. KINNEY, INC.

No. 19225.

349 P.2d 562 (1960)

Mary Ann LAMIRATO, and Laura Lee Lamirato, a minor, Monty Robert Lamirato, a minor, and Anthony Eugene Lamirato, a minor, by and through their next friend and mother, Mary Ann Lamirato, Plaintiffs in Error, v. O. C. KINNEY, INC., State Compensation Insurance Fund and the Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado. In Department.

February 23, 1960.


Attorney(s) appearing for the Case

George T. Ashen, Denver, for plaintiffs in error.

Harold Clark Thompson, Louis Schiff, Alious Rockett, Fred B. Dudley, Denver, for O. C. Kinney, Inc., and State Compensation Ins. Fund, defendants 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 of Colorado.


DAY, Justice.

Plaintiffs in error were the surviving dependents of a deceased employee of defendant in error O. C. Kinney, Inc. To the claim filed by them for death benefits under the Workmen's Compensation Act, C.R.S. '53, 81-1-1 et seq., a referee of the Industrial Commission entered findings and an order, which were adopted by the Commission as its own, denying the claim.

On review the district court affirmed the Commission. In order to assert ground for...

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