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KELLY v. MILE HI SINGLE PLY, INC.

No. 93SC750.

890 P.2d 1161 (1995)

James F. KELLY, Petitioner, v. MILE HI SINGLE PLY, INC., a Colorado corporation; and Michael T. James, Respondents.

Supreme Court of Colorado, En Banc.

March 6, 1995.

Attorney(s) appearing for the Case

Schaden, Lampert & Lampert, Brian J. Lampert, Denver, for petitioner.

Anderson, Campbell & Laugesen, P.C., J. Fern Black, Denver, for respondent Mile Hi Single Ply, Inc.

Makris, Hunsaker & Melonakis, P.C., William J. Hunsaker, Michael S. Keilly, Denver, for respondent Michael T. James.

Chief Justice ROVIRA delivered the Opinion of the Court.

We granted certiorari in Kelly v. Mile Hi Single Ply, Inc. and Michael T. James, 873 P.2d 13 (Colo.App.1993) to decide two questions: (1) whether a corporate officer's election to reject workers' compensation coverage allows the corporate officer to pursue a tort action against an employee of the corporation, and (2) whether such an election removes the officer from the...

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