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LESTER C. NEWTON TRUCKING COMPANY v. NEAL

204 A.2d 393 (1964)

LESTER C. NEWTON TRUCKING COMPANY, Appellant, v. Sadie D. NEAL, Delmar Feed Mills, Inc. and C. F. Schwartz, Inc., Appellees.

Supreme Court of Delaware.

October 20, 1964.

Attorney(s) appearing for the Case

David Snellenburg, II, of Killoran & Van Brunt, Wilmington, for appellant.

F. Alton Tybout, Wilmington, for Delmar and Schwartz.

WOLCOTT and CAREY, JJ., and SHORT, Vice Chancellor, sitting.

WOLCOTT, Justice.

This is an appeal from a judgment of the Superior Court approving an award of compensation by the Industrial Accident Board for the death of James R. Neal, a truck driver.

The sole issue presented by the appeal is, Who was Neal's employer at the time of his death?

The Industrial Accident Board found that Lester C. Newton Trucking Company (hereafter Newton) was the decedent's employer at the time he met his death and, thus, liable...

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