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WINCHESTER v. SEAY

409 S.W.2d 378 (1966)

Orville WINCHESTER v. Albert B. SEAY, d/b/a Grand Hotel, and Victor G. Bush and Thalia Bush, d/b/a Bush's Spaghetti & Pizza House.

Supreme Court of Tennessee.

November 14, 1966.

Attorney(s) appearing for the Case

Marvin Berke, Chattanooga, for plaintiff in error, Winchester.

Campbell & Campbell, Chattanooga, for defendant in error Seay.

Noone, Moseley & Bell, Chattanooga, for defendants in error Bush; Alvin Y. Bell, Chattanooga, of counsel.

OPINION

BURNETT, Chief Justice.

This is a Workmen's Compensation case, which was dismissed by the trial judge because he found that Winchester was a mere casual employee of the Bushes and was not performing any duties at the time of the injury for Seay. An appeal has been seasonably perfected, briefs filed, arguments heard, and, after studying the record, briefs, etc., and making an independent investigation of the matter, we have the question for disposition...

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