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MASCITELLI v. GIULIANO & SONS COAL COMPANY

No. 21284.

402 P.2d 192 (1965)

Joe MASCITELLI and Industrial Commission of Colorado, Plaintiffs in Error, v. GIULIANO & SONS COAL COMPANY and State Compensation Insurance Fund, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied June 7, 1965.

Attorney(s) appearing for the Case

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

Harold Clark Thompson, Alious Rocket, Francis L. Bury, Feay Burton Smith, Jr., Denver, for defendants in error.

SUTTON, Justice.

Plaintiffs in error seek review of a judgment of the district court which reversed findings and award in a proceeding arising under the Workmen's Compensation Act (C.R.S. '53, 81-1-1 et seq.).

It appears that Mascitelli, the claimant, on March 5, 1956, had suffered an injury to his right foot while employed as a coal miner, for which he was granted a 35% disability. The sole issue on this writ of error is whether

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