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SUBSEQUENT INJURY FUND v. BLACK MT. SPRUCE

No. 83SC112.

682 P.2d 1188 (1984)

SUBSEQUENT INJURY FUND, Petitioner, v. BLACK MOUNTAIN SPRUCE, INC., Katie Jo Johnson, Claimant, in the Matter of the Death of Michael Joe Johnson, State Compensation Insurance Fund, Industrial Commission of Colorado, and Director, Division of Labor, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 2, 1984.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Denver, Edward R. Martinez, Regional Asst. Atty. Gen., Grand Junction, for petitioner.

Martin & Drought, Keith Tempel, Philip A. Harley, Englewood, for respondent Katie Johnson.

Duane Woodard, Atty. Gen., Ruthanne Gartland, Robert C. Lehnert, Asst. Attys. Gen., Denver, for respondent Indus. Com'n.

LOHR, Justice.

We granted certiorari to review the Colorado Court of Appeals' decision in Black Mountain Spruce, Inc. v. Johnson, 670 P.2d 1241 (Colo.App.1983), dismissing an appeal by the Subsequent Injury Fund (SIF). We conclude that the court of appeals correctly held that the SIF is not a legal entity with the capacity to sue and be sued. Under the circumstances of this case, however, we hold that dismissal is not the appropriate...

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