IN RE QUEST. SUB. BY U.S. CT. OF APPEALS

No. 87SA127.

759 P.2d 17 (1988)

In re QUESTION SUBMITTED BY THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT. Deborah S. TOLBERT, Plaintiff-Appellee, v. MARTIN MARIETTA CORPORATION, a Maryland corporation, Defendant-Appellant, and Arthur Benjamin Martinez, a/k/a A.B. Martinez, Third-Party Defendant.

Supreme Court of Colorado, En Banc.

June 20, 1988.


Attorney(s) appearing for the Case

Feuer, Flossic & Kaplan, James A. Kaplan, and Jack M. Wesoky, Englewood, for plaintiff-appellee.

Holme Roberts & Owen and John R. Webb, Denver, for defendant-appellant.


VOLLACK, Justice.

In accordance with C.A.R. 21.1, the United States Court of Appeals for the Tenth Circuit has certified to the Supreme Court of Colorado a two-part question of law pertaining to a pending federal case:

Does the Workmen's Compensation Act of Colorado, sections 8-40-101 to 8-54-127, 3B C.R.S. (1986 & 1987 Supp.), provide an exclusive remedy for an employee against her employer: (1) for injuries resulting from a sexual assault...

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