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CRUZ-CESARIO v. DON CARLOS MEXICAN FOODS

No. 04CA1272.

122 P.3d 1078 (2005)

Denise L. CRUZ-CESARIO, Plaintiff-Appellant, v. DON CARLOS MEXICAN FOODS, Defendant-Appellee.

Colorado Court of Appeals, Division III.

September 22, 2005.

Attorney(s) appearing for the Case

Koncilja & Koncilja, P.C., Lawrence D. Saunders, Pueblo, Colorado, for Plaintiff-Appellant.

Clifton, Hook & Bovarnick, P.C., Cheryl A. Martin, Denver, Colorado, for Defendant-Appellee.

HUME*, J.

In this declaratory judgment action concerning the validity of a workers' compensation rule, plaintiff, Denise L. Cruz-Cesario (employee), appeals the district court's judgment dismissing her complaint against defendant, Don Carlos Mexican Foods (employer). The dismissal was based on employee's failure to join the Director of the Division of Workers' Compensation as an indispensable party. We reverse and remand for further proceedings...

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