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KITCHENS v. DEPARTMENT OF LABOR & EMPLOYMENT

No. 70-562.

486 P.2d 474 (1971)

Lemuel H. KITCHENS, Plaintiff-Appellee, v. DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF LABOR, Kaibab Industries, Inc., a corporation, and Associated Indemnity Corporation, a corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 11, 1971.

Certiorari Denied July 6, 1971.

Attorney(s) appearing for the Case

Samuel Berman, Denver, for plaintiff-appellee.

Peter L. Dye, Asst. Atty. Gen., Denver, for defendant-appellant Dept. of Labor and Employment, Division of Labor.

White & Steele, Stephen K. Gerdes, Denver, for defendants-appellants, Kaibab Industries, Inc., and Associated Indemnity Corp.

Selected for Official Publication.

DUFFORD, Judge.

This is a workmen's compensation case. The Industrial Commission adopted the findings of the Referee and denied compensation to the claimant, Lemuel Kitchens, for injuries resulting from the accidental discharge of a hunting rifle by a fellow employee. Although the Referee found that the claimant was acting within the course of his employment when the accident occurred, he denied compensation on the basis...

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