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JASINSKI v. GINLEY-SOPER CONSTRUCTION COMPANY

No. 23985.

458 P.2d 754 (1969)

Rhoda JASINSKI, Plaintiff in Error, v. GINLEY-SOPER CONSTRUCTION COMPANY, a Colorado corporation, State Compensation Insurance Fund, and Industrial Commission of Colorado, a body politic organized and existing under the laws of the State of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

September 22, 1969.

Attorney(s) appearing for the Case

Lansford F. Butler, Denver, for plaintiff in error.

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for defendants in error Ginley-Soper Const. Co. and State Compensation Insurance Fund.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., Denver, for defendant in error Industrial Commission of Colorado.

LEE, Justice.

This writ of error is brought by Rhoda Jasinski, widow of Bert Jasinski who died during the course of his employment on August 4, 1964. The Industrial Commission denied compensation and was affirmed by the district court.

The deceased was employed in December of 1961 by Ginley-Soper Construction Company, as a common laborer. One of his usual duties was to operate a dirt-tamping machine which weighed 65 to 75 pounds,

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