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PIONEER CONSTRUCTION COMPANY v. DAVIS

No. 20009.

381 P.2d 22 (1963)

PIONEER CONSTRUCTION COMPANY and State Compensation Insurance Fund, Plaintiffs in Error, v. Lillian Beatrice DAVIS and Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied May 13, 1963.

Attorney(s) appearing for the Case

Harold Clark Thompson, Louis Schiff, Alious Rockett, Fred B. Dudley, Francis L. Bury, Denver, for plaintiffs in error Pioneer Const. Co. and State Compensation Insurance Fund.

Laurence A. Ardell, Pueblo, for defendant in error Lillian Beatrice Davis.

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

DAY, Justice.

We will refer to the plaintiffs in error as "Pioneer" and "Fund" and to the defendants in error as "Claimant" and "Commission".

Pioneer and Fund bring error to a judgment of the district court affirming an award of the Commission in favor of the claimant who, as the widow of one M. Davis, sought death benefits under the compensation act. The facts are not in dispute, and the error assigned is that the...

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