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CONASAUGA RIVER LUMBER COMPANY v. WADE

Nos. 12181, 12182.

221 F.2d 312 (1955)

CONASAUGA RIVER LUMBER COMPANY, Appellant, v. T. W. WADE, Appellee. CONASAUGA RIVER LUMBER COMPANY, Appellant, v. Jerry WADE, by Next Friend Juanita Wade, Appellee.

United States Court of Appeals Sixth Circuit.

April 21, 1955.

Attorney(s) appearing for the Case

W. Neil Thomas, Jr., Chattanooga, Tenn., Aubrey F. Folts, Chattanooga, Tenn., on the brief, Folts, Brammer, Bishop & Thomas, Chattanooga, Tenn., of counsel, for appellant.

Charles Guinn, Etowah, Tenn., Frank N. Bratton, Athens, Tenn., for appellees.

Before SIMONS, Chief Judge, ALLEN and MILLER, Circuit Judges.

SIMONS, Chief Judge.

The basic question here to be decided is whether the relationship between the appellant and one Evans, with whom it had a contract for the cutting of logs upon lands owned by or leased to the appellant, was a contract of employment, making Evans the servant of the lumber company, or an independent contractor. The question became important because of injuries received by the appellees in an automobile accident in which a truck owned and driven...

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