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RECO TRANSP., INC. v. EMPLOYMENT SEC. COM'N

No. 8528SC1259.

344 S.E.2d 294 (1986)

RECO TRANSPORTATION, INC. v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA.

Court of Appeals of North Carolina.

June 17, 1986.

Attorney(s) appearing for the Case

C. Coleman Billingsley, Jr., Raleigh, for Employment Sec. Com'n of North Carolina appellant.

Parker, Poe, Thompson, Bernstein, Gage & Preston by William P. Farthing, Jr., and William L. Brown, Charlotte, for appellee.

JOHNSON, Judge.

The only issue that we must decide is whether the findings of fact made by ESC were sufficient to support the conclusion of law that drivers hauling, other than owner-operators, are employees of RECO for purposes of G.S. Ch. 96. G.S. 96-8(6) states the following:

`Employment' means service performed including service in interstate commerce... performed for wage or under any contract of hire, written or oral, express or implied, in which the...

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