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STEPHENS v. CELERYVALE TRANSPORT, INC.

No. 42463.

286 N.W.2d 420 (1979)

205 Neb. 12

Robert D. STEPHENS, Appellee and Cross-Appellant, v. CELERYVALE TRANSPORT, INC., Appellant and Cross-Appellee.

Supreme Court of Nebraska.

December 11, 1979.

Attorney(s) appearing for the Case

Baylor, Evnen, Baylor, Curtiss & Grimit, Lincoln, for appellant and cross-appellee.

William A. Wieland, of Healey, Brown, Wieland & Kluender, Lincoln, for appellee and cross-appellant.

Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and ENDACOTT, District Judge.

CLINTON, Justice.

This is an appeal by the defendant, Celeryvale Transport, Inc., from the Nebraska Workmen's Compensation Court on rehearing, from an order by a divided court awarding the plaintiff, Robert D. Stephens, compensation for injuries received while allegedly in the employment of Celeryvale. The issue which is determinative of the outcome of this appeal is whether the finding of the Workmen's Compensation Court that Stephens was an employee of Celeryvale...

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