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ACE REFRIGERATION & H. CO. v. INDUSTRIAL COMM.

32 Wis.2d 311 (1966)

ACE REFRIGERATION & HEATING COMPANY and another, Appellants, v. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf, attorneys, and Clifford C. Kasdorf of counsel, all of Milwaukee, and oral argument by Clifford C. Kasdorf.

For the respondent Industrial Commission the cause was argued by E. Gordon Young, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

For the respondent Warren J. Klotzbach there was a brief by Hanley, Wedemeyer, Schapiro & Cavanaugh, attorneys, and Nathan Schapiro of counsel, all of Milwaukee, and oral argument by Nathan Schapiro.

HALLOWS, J.

The sole issue on this appeal is whether Klotzbach at the time of his injury was an employee of Ace Refrigeration & Heating Company or an independent contractor. The evidentiary facts are not in material dispute but different ultimate facts and inferences were drawn by the examiner and the commission. The plaintiffs argue the examiner is the only fact finder who heard and saw the witnesses while the commission members relied upon a summary of the evidence...

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