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NATIONAL &c. CONVOY v. UNDERCOFLER

40620.

109 Ga. App. 703 (1964)

137 S.E.2d 328

NATIONAL TRAILER CONVOY, INC. v. UNDERCOFLER, Commissioner.

Court of Appeals of Georgia.

Rehearing Denied May 12, 1964.

Attorney(s) appearing for the Case

Alston, Miller & Gaines, William B. Spann, Jr., John R. Crenshaw, for plaintiff in error.

Otis L. Hathcock, contra.

JORDAN, Judge.

1. The general allegations of the affidavit of illegality that the individuals claimed by the Commissioner of Labor to be in the employment of the defendant company were independent contractors and not employees of the company and were not paid wages for personal services within the scope of the Employment Security Law were allegations of ultimate fact and were sufficient to set forth an issuable defense to the fi. fa., execution and levy as against...

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