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TOM BALLARD CO. v. BLEVINS

614 S.W.2d 247 (1980)

TOM BALLARD COMPANY (Tebco, Inc.), Appellant, v. Shoppel BLEVINS, Frances Jones Mills, Treasurer of the State of Kentucky and Custodian of the Uninsured Employers Fund, Lonnie Blanton, deceased, Betty Blanton, Individually and Administratrix of the Estate of Lonnie Blanton, Christopher Lee Blanton, M. H. Blevins, Administratrix of the Estate of Shoppel Blevins, and Kentucky Workmen's Compensation Board, Appellees.

Court of Appeals of Kentucky.

May 9, 1980.

Attorney(s) appearing for the Case

John V. Porter, Paintsville, for appellant.

Grover D. Adkins, Louisa, Steven L. Beshear, Atty. Gen., Donald F. Roney, Asst. Atty. Gen., Frankfort, David LeMaster, Paintsville, for appellees.

Before HOWERTON, REYNOLDS and VANCE, JJ.

VANCE, Judge.

Appellant is a coal mining company. It sold coal to Kentucky Power Company and Addington Brothers, delivered to the facilities of the purchaser. The hauling of the coal was arranged through the services of one Roy Yates who, for a fee paid by appellant, procured truckers to haul the coal. Shoppel Blevins owned several trucks and Lonnie Blanton operated one of them. He was paid by the load or a percentage of gross. Blanton was killed in a truck accident...

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