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MATTER OF JOHNSON v. WATSON BROS. GRAVEL BED, INC.

23 A.D.2d 927 (1965)

In the Matter of the Claim of Gary Johnson, Respondent, v. Watson Brothers Gravel Bed, Inc., et al., Respondents, and National Union Fire Insurance Company, Appellant. Workmen's Compensation Board, Respondent In the Matter of the Claim of Edward Collins, Respondent, v. Watson Brothers Gravel Bed, Inc., et al., Respondents, and National Union Fire Insurance Company, Appellant. Workmen's Compensation Board, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 6, 1965

HERLIHY, J.

In the record, there is a copy of a written contract between the general contractor and the employer, Watson Brothers Gravel Bed, Inc.; with Watson Brothers Gravel Bed, Inc., Floyd Weiss and George Ulrich being designated subcontractors, and evidence that among the subcontractors there was an understanding as to sharing the profits and absorbing the losses. These circumstances, however, did not necessarily affect the employer-employee relationship...

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