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MONKS EXCAVATING & REDI-MIX CEMENT v. KOPSA

No. 19827.

367 P.2d 321 (1961)

MONKS EXCAVATING & REDI-MIX CEMENT, and Fidelity and Casualty Company of New York, Plaintiffs in Error, v. Donald L. KOPSA and Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado. In Department.

December 18, 1961.

Attorney(s) appearing for the Case

Robert R. Montgomery, Denver, for plaintiffs 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.

DAY, Justice.

We will refer to the plaintiff in error Monks Excavating & Redi-Mix Cement as employer; to the defendant in error Kopsa as claimant, and to the Industrial Commission as the commission.

This writ of error is directed to a judgment of the district court affirming an award of the commission to claimant under the Workmen's Compensation Act, C.R.S. '53, 81-1-1 et seq.

The facts out of which this claim arose are not in dispute. The claimant...

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