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GULLETT v. BEST SHELL HOMES, INC. OF TENNESSEE

No. 19871.

312 F.2d 58 (1963)

Robert T. GULLETT, Appellant, v. BEST SHELL HOMES, INC. OF TENNESSEE, Appellee.

United States Court of Appeals Fifth Circuit.

January 17, 1963.

Attorney(s) appearing for the Case

Charles M. Murphy, Jr., Memphis, Tenn., for appellant.

L. A. Smith, Jr., Smith & Hurdle, Holly Springs, Miss., for defendant-appellee, Best Shell Homes, Inc. of Tenn.

Before RIVES, CAMERON and BELL, Circuit Judges.

CAMERON, Circuit Judge.

Appellant Gullett brought an action against appellee Best Shell Homes, Inc., alleging that Best was vicariously liable for his injury, negligently caused by one Burlison. Appellee Best denied that the alleged tort feasor Burlison was its servant, but took the position that he was an independent contractor for whose actions Best was not responsible. The action was tried before the District Judge, sitting by agreement as trier of both the law...

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