ZIMMER-JACKSON ASSOC. v. DEPT. OF LABOR

No. 87-397.

752 P.2d 1095 (1988)

ZIMMER-JACKSON ASSOCIATES, INC., Plaintiff and Appellant, v. DEPARTMENT OF LABOR AND INDUSTRY, and Sam Austin, Defendants and Respondents.

Supreme Court of Montana.

Decided April 13, 1988.


Attorney(s) appearing for the Case

Stephen R. McCue, Harrison, Loendorf and Poston, P.C., Helena, for plaintiff and appellant.

David Scott, Helena for Dept. of Labor.

William J. O'Connor, II, Dunaway, O'Connor and Moe Billings for Sam Austin.


HUNT, Justice.

This is an appeal from the Order of the District Court, First Judicial District, County of Lewis and Clark affirming the decision of the Board of Labor Appeals which held that the defendant/respondent was an employee of plaintiff/appellant for purposes of unemployment insurance.

We affirm.

The issues on appeal, restated, are:

1. Did the District Court err when it affirmed the Board's decision holding that respondent's commissions...

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