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HELMSMAN MANAGEMENT v. DEPT. OF LABOR

No. 00CA1917.

31 P.3d 895 (2001)

HELMSMAN MANAGEMENT SERVICES, INC., Plaintiff-Appellant, v. COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT; and Vickie L. Armstrong, in her official capacity as Executive Director of the Colorado Department of Labor and Employment, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

As Modified on Denial of Rehearing January 18, 2001.

Certiorari Denied September 4, 2001.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, LLP, Gregory J. Kerwin, J. Gregory Whitehair, Leslie M. Kelly, Denver, for Plaintiff-Appellant.

Ken Salazar, Attorney General, John Baird, Assistant Attorney General, Mark Gerganoff, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Berg Simpson Eldredge Hersh & Jardine, P.C., Douglas J. Kotarek, Englewood, Colorado, for Amicus Curiae Colorado Self-Insurers Association.

Gordon & MacDonald, P.C., William J. MacDonald, Denver, Colorado, for Amicus Curiae Colorado AFL-CIO.

Opinion by Judge CASEBOLT.

In this action for recovery on the surety bond of a self-insured employer under the workers' compensation act, plaintiff, Helmsman Management Services, Inc. (Helmsman), appeals the judgment dismissing its complaint against defendants, the Colorado Department of Labor and Employment and its executive director, Vickie L. Armstrong, in her official capacity. We affirm.

The following facts are undisputed. In 1993, defendants issued a...

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