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DUMIRE v. MARTIN

No. 10679.

174 N.W.2d 215 (1970)

Gordon DUMIRE, Claimant and Appellant, v. E. Paul MARTIN and Harold D. Lang, d/b/a La Mar Industries, Employer and Respondent, and Western Surety Company, Insurer and Respondent.

Supreme Court of South Dakota.

February 3, 1970.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler, Foye & Simmons, Ronald Clabaugh, Rapid City, for claimant and appellant.

Kirby, McDonnell & Kirby, Gene McDonnell, Sioux Falls, for employer defendant and respondent and insurer defendant and respondent.

HOMEYER, Judge.

The Industrial Commissioner denied the claim of Gordon Dumire for workmen's compensation benefits because he was an independent contractor and not an employee of the insureds when the injury was sustained. On appeal to the circuit court the Industrial Commissioner was affirmed. The claimant has appealed to this court.

There is little dispute in the facts. Dumire formerly farmed near Aberdeen in Brown County, South Dakota. He sold his farm and...

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