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  5. 169 N.W.2d 261 (1969)
 

METZGER v. J.F. BRUNKEN & SON, INC.

No. 10614.

169 N.W.2d 261 (1969)

Hope METZGER, as Special Administratrix of the Estate of James Metzger, Deceased, Plaintiff and Appellant, v. J. F. BRUNKEN & SON, INC., a Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

June 24, 1969.

Attorney(s) appearing for the Case

William F. Clayton, Sioux Falls, for plaintiff and appellant.

Woods, Fuller, Shultz & Smith, Francis M. Smith, Sioux Falls, for defendant and respondent.

BIEGELMEIER, Presiding Judge.

From the record it appears defendant corporation entered into a contract with the City of Sioux Falls to construct a sewer line and subcontracted a portion of the work to one Fanebust as an independent contractor; that James Metzger, an employee of Fanebust, met his death August 8, 1966 while engaged within the course and scope of his employment in the performance of this subcontract. In this employment Fanebust and employee Metzger were...

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