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MARCOTTE v. OLIN MATHIESON CHEMICAL CORPORATION

No. 21670.

425 P.2d 37 (1967)

Bernard MARCOTTE, and Industrial Commission for the State of Colorado, Plaintiffs in Error, v. OLIN MATHIESON CHEMICAL CORPORATION, a Virginia corporation, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 3, 1967.

Attorney(s) appearing for the Case

Marshall Quiat, Denver, for plaintiffs in error.

Yegge, Hall, Treece & Evans, Edward H. Widmann, Denver, for defendant in error.

McWILLIAMS, Justice.

Marcotte, a foreman lather, brought an action against Olin Mathieson Chemical Corporation for personal injuries sustained by him when a "Ramset" gun discharged a stud into his left ankle. This gun, which was alleged to have been manufactured by a wholly owned subsidiary of Olin Mathieson, accidentally discharged when Marcotte either dropped it, or knocked it over, with the butt end of the gun striking the floor.

The theory of Marcotte...

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