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CLIMAX URANIUM COMPANY v. DEATH OF SMITH

No. 73-247.

522 P.2d 134 (1974)

CLIMAX URANIUM COMPANY, and Division of State Compensation Insurance Fund, Petitioners, v. CLAIMANTS in the Matter of the Death of Edward Stanley SMITH, and Industrial Commission of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 26, 1974.

Certiorari Denied June 3, 1974.

Attorney(s) appearing for the Case

Traylor, Palo & Cowan, Charles J. Traylor, Grand Junction, for petitioner Climax Uranium Co.

Francis L. Bury, Robert S. Ferguson, Denver, for petitioner Division of State Compensation Insurance Fund.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for respondent Industrial Commission of the State of Colorado.

Overholser & Slee, John W. Overholser, Montrose, for respondents-claimants.

Selected for Official Publication.

SMITH, Judge.

Petitioners, Climax Uranium Company and the Division of State Compensation Insurance Fund, appeal from a final order of the Industrial Commission reversing the referee's order and awarding benefits to claimants upon a finding that the death of Edward Smith, on March 1, 1968, resulted from cancer caused or induced by his exposure to radioactive materials and that his last injurious exposure to such materials...

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