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OWENS v. TURNER

362 S.W.2d 793 (1962)

James F. OWENS, d/b/a Twentieth Century Home Improvement v. Jack R. TURNER.

Supreme Court of Tennessee.

December 7, 1962.

Attorney(s) appearing for the Case

Wallace Burroughs, Knoxville, for petitioner.

Joseph W. Rogers, Knoxville, for respondent.

PREWITT, Chief Justice.

This is a workmen's compensation case where two questions are presented:

(1) Was the injured plaintiff below an employee rather than an independent contractor?

(2) Did the employer use the services of not less than five persons for pay?

The trial judge answered both of these questions in the affirmative, and held that plaintiff's permanent partial disability was caused by injuries, which arose out of and

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