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MATTER OF BALHORN-MOYLE PETROLEUM CO.

No. 13385.

315 N.W.2d 481 (1982)

In the Matter of the Determination of the Unemployment Insurance Liability of BALHORN-MOYLE PETROLEUM COMPANY.

Supreme Court of South Dakota.

Decided February 3, 1982.

Attorney(s) appearing for the Case

Drew C. Johnson, Sp. Asst. Atty. Gen., Aberdeen, for appellant South Dakota Dept. of Labor, Unemployment Ins. Division.

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellee Balhorn-Moyle Petroleum Co.

HENDERSON, Justice.

ACTION

The Unemployment Insurance Division of the South Dakota Department of Labor (Department) appeals from the judgment of the trial court which held that the relationship between Balhorn-Moyle Petroleum Company (Company) and Stuart Hemenway was that of a supplier and distributor. By its judgment, the trial court reversed the administrative decision of the Secretary of Labor who ruled that this relationship was that of an employer-employee...

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