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HOLM v. H & S ASPHALT CO.

No. 41490.

167 N.W.2d 743 (1969)

Gust HOLM, Relator, v. H & S ASPHALT CO., et al., Respondents.

Supreme Court of Minnesota.

May 2, 1969.

Attorney(s) appearing for the Case

Kain & Kressel, and Edward C. Hoffman, Minneapolis, for relator.

Hansen, Hazen, Dordell & Bradt, St. Paul, for respondents.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

PETERSON, Justice.

The Workmen's Compensation Commission denied relator's claim for compensation, based upon its determinative finding of fact that relator was not at the time of his injury an employee of respondent H & S Asphalt Company, a corporation.

Relator, who had been the sole proprietor of an asphalt paving business for several years, formed the corporation to conduct the same business. He turned over to the corporation his road...

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