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GLENMAR CINESTATE, INC. v. FARRELL

Record Nos. 800304, 800315.

292 S.E.2d 366 (1982)

GLENMAR CINESTATE, INC. v. Robert T. FARRELL, Administrator, etc. Ray BENTLEY, d/b/a Ray Bentley Productions and Neighborhood Theatre, Inc. v. Robert T. FARRELL, Administrator, etc.

Supreme Court of Virginia.

June 18, 1982.

Attorney(s) appearing for the Case

Lanier Thurmond, Richmond (Thurmond & Glass, Richmond, on briefs), for Glenmar.

Samuel W. Hixon, III, Richmond (Randolph B. Chichester, Sandy T. Tucker, Williams, Mullen, Christian, Pollard & Gray, Richmond, on brief), for Robert T. Farrell.

Randolph P. Tabb, Jr., Richmond (A. James Kauffman, Taylor, Hazen, Kauffman, Lipscomb & Smith, Richmond, on briefs), for Bentley.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

RUSSELL, Justice.

The question presented in this case is whether an off-duty police officer, directing traffic out of a drive-in theater onto a state highway, is acting as an independent contractor or an employee of the theater management.

Shortly after midnight on June 25, 1978, Sergeant James D. Lilly of the Goochland County Sheriff's Department was directing traffic out of the Patterson Drive-In Theatre onto...

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