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UNIVERSITY OF DENVER-COLORADO SEMINARY v. JOHNSTON

No. 19989.

378 P.2d 830 (1963)

UNIVERSITY OF DENVER-COLORADO SEMINARY AND UNIVERSITY PARK CAMPUS, Industrial Commission of Colorado, and State Compensation Insurance Fund, Plaintiffs in Error, v. Marian Edman JOHNSTON, Individually, and as Mother and next friend of Susan Alison Johnston, a minor, Defendants In Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 4, 1963.

Attorney(s) appearing for the Case

Harold Clark Thompson, Louis Schiff, Alious Rockett, Fred B. Dudley, Francis L. Bury, Denver, for State Compensation Ins. Fund and University of Denver-Colo Seminary and University Park Campus, plaintiffs in error.

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

Tilly & Skelton, Denver, Wilbur M. Alter and Francis J. Knauss, Denver, of Counsel, for defendants in error.

DAY, Justice.

The defendants in error, the widow and minor daughter of William Gordon Johnston, for many years Dean of the University of Denver Law School, filed a claim with the Industrial Commission for death benefits, asserting that a fatal heart attack suffered by Johnston on April 25, 1958, was caused by accidental means resulting from undue strain and overexertion arising out of and in the course of his employment by the University.

The parties will...

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