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DOWNES v. INDUSTRIAL COMMISSION

No. 12240-PR.

113 Ariz. 90 (1976)

546 P.2d 826

Mary Ann DOWNES and Ramon V. Estrada, Deceased, Petitioners, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Duval Sierrita Corporation, Respondent Employer, Duval Sierrita Corporation, Respondent Carrier.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 23, 1976.

Attorney(s) appearing for the Case

Davis, Eppstein and Tretschok by Dale D. Tretschok, Tucson, for petitioners.

Gregory L. Folger, Chief Counsel, The Industrial Commission of Ariz., Phoenix, for respondent.

Twitty, Sievwright & Mills by John F. Mills, Phoenix, for respondents Employer and Carrier.

CAMERON, Chief Justice.

This is a petition for review of a memorandum decision of the Court of Appeals, Division One, affirming a decision of the Industrial Commission of Arizona denying death benefits as a result of the death of Ramon V. Estrada.

We must answer only one question and that is whether the deceased, Ramon V. Estrada, died in the course and scope of his employment.

The facts necessary for a determination of this matter are as follows....

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