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TOUGHILL v. MELCHER

No. 41469.

179 N.W.2d 633 (1970)

Mildred M. TOUGHILL, widow of George J. Toughill, deceased, Relator, v. Albert MELCHER (Subcontractor), Respondents, Brechet & Richter Co., and Liberty Mutual Insurance Co., Respondent.

Supreme Court of Minnesota.

September 4, 1970.

Attorney(s) appearing for the Case

Irwin Ketroser, Minneapolis, for relator.

Kenneth A. Mitchell, Minneapolis, for Melcher.

Robb, Van Eps & Gilmore, Minneapolis, for Brechet & Richter Co.

Heard before NELSON, MURPHY, OTIS, SHERAN, and THEODORE B. KNUDSON, JJ. Consideration and decision based on briefs by entire court en banc.

OPINION

MURPHY, Justice.

Certiorari to review a decision of the Workmen's Compensation Commission denying relator compensation for the death of her husband, George J. Toughill, against the mercantile firm of Brechet & Richter. The commission held that Toughill was an employee of Albert Melcher, an uninsured independent contractor at the time of decedent's death, and awarded compensation against Melcher.

It appears that for some years prior to...

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