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WESTERN CASUALTY & SURETY COMPANY v. SWORT

No. 18007.

306 P.2d 661 (1957)

The WESTERN CASUALTY & SURETY COMPANY, Industrial Commission of Colorado, and A. D. Kenyon, doing business as A. D. Kenyon Machinery Company, Plaintiffs in Error, v. Bert L. SWORT, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied February 18, 1957.

Attorney(s) appearing for the Case

Yegge, Bates, Hall & Shulenburg, Denver, for plaintiffs in error Western Casualty & Surety Co. and A. D. Kenyon.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for plaintiff in error Industrial Commission.

McComb, Zarlengo & Mott, Harold D. Torgan, Denver, for defendant in error.

KNAUSS, Justice.

Bert L. Swort, defendant in error, admittedly an employee of plaintiff in error, A. D. Kenyon, doing business as A. D. Kenyon Machinery Company, was injured on September 11, 1954 and Swort filed his claim for compensation for these injuries with the Industrial Commission of Colorado. Hearing thereon was had before a referee of the Commission, who made findings that claimant Swort was injured in an accident arising out of and while in the course of...

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