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LYNN v. LLOYD A. LYNN, INC.

No. 34998.

493 S.W.2d 363 (1973)

Lola Jeanne LYNN, Appellant, v. LLOYD A. LYNN, INC., and Bituminous Casualty Corporation, Respondents.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or Transfer Denied April 6, 1973.

Application to Transfer Denied May 14, 1973.

Attorney(s) appearing for the Case

Rosecan & Popkin, Marvin Tofle, St. Louis, Lee Young, Union, for appellant.

Frank J. Lahey, Jr., Albert I. Graff, St. Louis, Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, John S. Marsalek, St. Louis, for respondents.

McMILLIAN, Judge.

The issue in this Workmen's Compensation case is whether the sole owner and manager of a corporation is eligible for benefits as an "employee" of that corporation. Both the Industrial Commission and the circuit court on appeal said no. We disagree and accordingly reverse.

On 26 December 1969, Lloyd Lynn was accidentally electrocuted while operating a company truck. His widow, plaintiff Lola Jeanne...

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