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HILL CITY TRUCKING, INC. v. CHRISTIAN

Record No. 1224-86-3.

360 S.E.2d 867 (1987)

HILL CITY TRUCKING, INC., New Hampshire Indemnity Co., Inc. v. Michael Lewis CHRISTIAN.

Court of Appeals of Virginia.

Rehearing En Banc Granted and Opinion Vacated November 18, 1987.

Attorney(s) appearing for the Case

M. Lanier Woodrum (Robert Jett Ingram, Jr., Fox, Wooten & Hart, P.C., Roanoke, on brief), for appellants.

Peter O. Ward, Jr., Washington, D.C., for appellee.

Present: KOONTZ, C.J., and KEENAN and MOON, JJ.

KOONTZ, Chief Judge.

Hill City Trucking, Inc., and its insurer, New Hampshire Indemnity Co., Inc., appellants, appeal from a decision of the Industrial Commission awarding Michael Lewis Christian, appellee, weekly compensation benefits from October 16 to November 9, 1984. Appellants contend that (1) Christian was not an employee of Hill City at the time of his injury; and (2) Christian's injury did not arise out of his employment. For the reasons stated below, we...

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