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HAMMERQUIST v. EMPLOYMENT SEC. DIV.

No. 87-441.

749 P.2d 535 (1988)

Kirk HAMMERQUIST, d/b/a Kirk Hammerquist Construction, Plaintiff and Appellant, v. EMPLOYMENT SECURITY DIVISION OF the MONTANA DEPARTMENT OF LABOR and INDUSTRY, Defendant and Respondent.

Supreme Court of Montana.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Richard DeJana, Kalispell, for plaintiff and appellant.

David Scott, Dept. of Labor & Industry, Helena, for defendant and respondent.

WEBER, Justice.

The Montana Unemployment Insurance Division ruled that Kirk Hammerquist must pay unemployment insurance taxes on certain earnings of Charles Hornbacher, whom Mr. Hammerquist argued was his partner or a joint venturer, not an employee. The District Court for the Eleventh Judicial District, Flathead County, affirmed the administrative ruling. Mr. Hammerquist appeals. We affirm.

We restate the issue as whether the District Court and the hearing...

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