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GETTY OIL COMPANY v. LODEN

326 A.2d 868 (1974)

GETTY OIL COMPANY, a corporation of the State of Delaware, and Getty Oil Company (Eastern Operations), Inc., a corporation of the State of Delaware, Defendants-Below, Appellants, v. Shirley E. LODEN, Administratrix of the Estate of Carlton L. Loden, Jr., Deceased, and Shirley E. Loden, Individually, Plaintiffs-Below, Appellees.

Supreme Court of Delaware.

Decided September 24, 1974.

Attorney(s) appearing for the Case

Alfred M. Isaacs, Flanzer & Isaacs, Wilmington, for defendants-below, appellants.

F. Alton Tybout, Tybout, Redfearn & Schnee, Wilmington, for plaintiffs-below, appellees.

Before HERRMANN, C. J., DUFFY, J., and QUILLEN, Chancellor.

PER CURIAM:

This is an appeal from an order of the Superior Court denying summary judgment to the defendants. The Superior Court opinion is reported. Loden v. Getty Oil Company, Del.Super., 316 A.2d 214 (1974).

In our judgment, the Superior Court was correct in finding that the deceased was not an employee of Getty Oil Company and that this action is not barred by the Workmen's Compensation Law. Compare Balma v. Tidewater...

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