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GERMAN v. WHALEY

760 S.W.2d 627 (1988)

John C. GERMAN, d/b/a Chris German Construction Company, Plaintiff-Appellant, v. Ova WHALEY, d/b/a Whaley Brothers Construction Company, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

November 7, 1988.

Attorney(s) appearing for the Case

Joseph C. Wilson, III, Spears, Moore, Rebman & Williams, Chattanooga, for plaintiff-appellant.

Edmund Lee Baugh, Jr., Cleveland, for defendant-appellee.

OPINION

FONES, Justice.

The issue in this case is whether Ova Whaley, d/b/a Whaley Brothers Construction was an employee of plaintiff, John C. German, d/b/a as Chris German Construction Company, or whether he was an independent contractor.

The workers' compensation insurance carrier for German filed a complaint alleging that Ova Whaley owned and operated a business known as Whaley Brothers Construction Company; that on 2 August 1986, Whaley was operating...

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