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RADEMAKER v. ARCHER DANIELS MIDLAND CO.

No. 46364.

247 N.W.2d 28 (1976)

Joseph N. RADEMAKER, et al., Appellants, v. ARCHER DANIELS MIDLAND CO., defendant and third-party plaintiff, Respondent, v. CUDDY PLUMBING & HEATING CO., INC., third-party defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied December 13, 1976.

Attorney(s) appearing for the Case

Dennis R. Peterson, Rochester, for appellants.

Popham, Haik, Schnobrich, Kaufman & Doty and G. Marc Whitehead, Minneapolis, for Archer Daniels.

Bey, Ochs & Klimek and Norman W. Larsen, Minneapolis, for Cuddy Plumbing & Heating.

Heard before KELLY, YETKA and MARSDEN, JJ., and considered and decided by the court en banc.

DAVID E. MARSDEN, Justice.*

We are required in this case to reconcile two legal tests which have developed independently in our precedents for establishing the existence of an employment relationship, the right to control test which has been applied to distinguish employees from independent contractors and the employee's consent test which has been applied specifically in the loaned employee context.

Plaintiff Joseph N. Rademaker...

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