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WINTERS v. PAYNE

No. 53, September Term, 1971.

13 Md. App. 327 (1971)

283 A.2d 807

WALTER WINTERS ET AL. v. BERTRAND P. PAYNE.

Court of Special Appeals of Maryland.

Decided November 10, 1971.

Attorney(s) appearing for the Case

William T. Russell, Jr., for appellant Walter Winters. W. Kennedy Boone, III, Special Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, for Uninsured Employers' Fund, other appellant.

A. Harold DuBois, with whom were Verderaime & DuBois, A. Freeborn Brown and Brown, Brown, Lanahan & Whitfill and William B. Evans on the brief, for appellee.

The cause was argued before MORTON, ORTH and POWERS, JJ.

MORTON, J., delivered the opinion of the Court.

Whether the claimant, Bertrand P. Payne, was a "casual employee" within the meaning of the Workmen's Compensation Act, Md. Code, Art. 101, § 67 (3),1 and, thus, excluded from its benefits, is the single issue presented in this appeal. The Workmen's Compensation Commission ruled that he was not a casual employee and this determination was affirmed by Judge H. Kenneth Mackey, sitting in...

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