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COUNTY OF WELD v. MUNIZ

Nos. 81CA1207, 81CA1208, 82CA0040 and 82CA0041.

661 P.2d 1179 (1982)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF WELD, State of Colorado, Employer, Petitioner, v. Fidelia E. MUNIZ, Isabel L. Archuleta, Pamela Duran (Culp), Martha A. Rodriquez, Employees, and the Industrial Commission of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 16, 1982.

Certiorari Granted January 10, 1983.

Attorney(s) appearing for the Case

R. Russell Anson, Asst. Weld County Atty., Greeley, for petitioner.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., David L. Lavinder, Robert C. Lehnert, Asst. Attys. Gen., Denver, for respondents.

STERNBERG, Judge.

The issue in this proceeding is whether § 8-73-107(3), C.R.S.1973 (1981 Cum.Supp.) violates the equal protection clause of the United States and Colorado Constitutions.1 We hold that it does because it imposes an unreasonable classification, and therefore, we set aside the orders of the Industrial Commission which were premised on that statute.

Respondents Muniz, Rodriquez, Duran, and Archuleta were employed...

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