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CITY AND COUNTY OF DENVER v. LEE

No. 23435.

450 P.2d 352 (1969)

CITY AND COUNTY OF DENVER, and State Compensation Insurance Fund, Plaintiffs in Error, v. Benjamin M. LEE, III, and Industrial Commission of Colorado, Defendants in Error.

Supreme Court of Colorado, In Department.

February 17, 1969.

Attorney(s) appearing for the Case

Alious Rockett, Francis L. Bury, Feay Burton Smith, Jr., Denver, for plaintiffs in error.

Berman, Lilly, Friedrichs & Young, J. Bayard Young, Denver, for defendant in error, Benjamin M. Lee, III.

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

GROVES, Justice.

This is a workmen's compensation case in which the defendant in error Lee was the claimant. Claimant, a police officer, sustained a back injury while playing on the Denver Police Department basketball team, and the question is whether he was then within the scope of his employment. The Industrial Commission found that he was and the district court affirmed this determination. We also affirm.

The Denver Police Protective Association (here called...

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