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TRANSPORT MOTOR EXPRESS, INC. v. SMITH

No. 771A136.

289 N.E.2d 737 (1972)

TRANSPORT MOTOR EXPRESS, INC., Appellant (Defendant below), v. Delores J. SMITH et al., Appellees, (Plaintiffs below), and Riss & Company, Inc., Appellee, (Defendant below).

Court of Appeals of Indiana, Second District.

Rehearing Denied January 10, 1973.

Attorney(s) appearing for the Case

T.E. Cunningham, John T. Rocap, Indianapolis, Rocap, Rocap, Reese & Young, Indianapolis, of counsel, for defendant-appellant.

F. Boyd Hovde, W. Scott Montross, Indianapolis, of counsel, Townsend, Hovde & Townsend, Indianapolis, for plaintiffs-appellees.

Steckbeck & Moore, David A. Steckbeck, William C. Moore, Indianapolis, for defendant-appellee Riss & Co., Inc.

PER CURIAM.

The Industrial Board entered an award ordering that the individual appellees, plaintiffs below (plaintiffs-appellees) as dependents of James Willard Jessee (decedent), recover compensation and burial expenses from appellant, defendant below, Transport Motor Express, Inc. (TMX) and appellee Riss & Company, Inc. (Riss), also a defendant below.

The basic issue is whether the award is contrary to law in holding TMX liable as a co-employer (with...

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