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ERSPAMER ADVERTISING CO. v. DEPT. OF LABOR

No. 82-421.

333 N.W.2d 646 (1983)

214 Neb. 68

ERSPAMER ADVERTISING COMPANY, a Nebraska corporation, Appellee, v. DEPARTMENT OF LABOR of the State of Nebraska et al., Appellants, and Richard G. Paulson, Appellee.

Supreme Court of Nebraska.

April 15, 1983.

Attorney(s) appearing for the Case

Pamela A. Mattson, Lincoln, for appellants.

Joseph J. Skudlarek of Schumacher, Skudlarek, Raynor & Smith, Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, HASTINGS, and CAPORALE, JJ., and BRODKEY, J., Retired.

BOSLAUGH, Justice.

The Department of Labor has appealed from the judgment of the District Court reversing the determination by the Nebraska Appeal Tribunal that Richard G. Paulson, a salesman of advertising specialties for the appellee, Erspamer Advertising Company (Erspamer), was an employee.

In October 1980 Richard G. Paulson entered into a "salesman agreement" with Erspamer, a company which sells advertising specialties. The contract provided that (1) Erspamer...

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