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UNION CARBIDE CORP. v. INDUSTRIAL COM'N

No. C-1450.

581 P.2d 734 (1978)

UNION CARBIDE CORPORATION, Employer, and State Compensation Insurance Fund, Insurer, Petitioners, v. The INDUSTRIAL COMMISSION of the State of Colorado and Juereta P. Smith, its Director, Climax Uranium Corporation, Employer, and Claimants in the Matter of the Death of Roy Benally, Respondents.

Supreme Court of Colorado, En Banc.

July 3, 1978.

Attorney(s) appearing for the Case

Nelson, Hoskin, Groves & Prinster, P. C., Gregg K. Kamph, William H. Nelson, Grand Junction, for petitioner Union Carbide Corp.

Robert S. Ferguson, Denver, for petitioner State Compensation Ins. Fund.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John Kezer, David Lavinder, Asst. Attys. Gen., Human Resources Section, Denver, for respondents Ind. Comm. of Colo. & Juereta P. Smith, Dir., Div. of Labor.

Traylor, Palo, Cowan & Arnold, David J. McKinley, Charles J. Traylor, Grand Junction, for respondent Climax Uranium Corp.

LEE, Justice.

We granted certiorari to review the decision of the Colorado Court of Appeals in Union Carbide Corp. v. Industrial Commission, Colo.App., 573 P.2d 938. We affirm the judgment.

Roy Benally worked as a uranium miner from 1955 to 1970 and died of lung cancer resulting from exposure to radioactive materials. This dispute is between his last two employers over which of them should pay the initial $7,500 of...

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