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DEBOLD v. MARTELL & SONS

No. 44360.

219 N.W.2d 623 (1974)

Lloyd J. DEBOLD, Respondent, v. H. P. MARTELL & SONS et al., Relators, Joseph Miller (Subcontractor), Relator.

Supreme Court of Minnesota.

June 28, 1974.

Attorney(s) appearing for the Case

Fred Burstein and Gregg M. Corwin, Minneapolis for Martell & Sons.

Flynn & Schultz, Houston, for Miller.

C. Stanley McMahon, Winona, for respondent.

Heard before SHERAN, C. J., and OTIS, SCOTT, and KNUTSON, JJ., and considered and decided by the court.

SCOTT, Justice.

Certiorari to review a decision of the Workmen's Compensation Commission granting compensation to Lloyd J. Debold in preoceedings against H. P. Martell & Sons, contractor, Martell's insurer, and Joseph Miller, uninsured subcontractor. The compensation judge found that Debold was an employee of Joseph Miller. The commission modified this finding to that of an implied in fact contract of hire based upon reciprocal services, and affirmed as modified...

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