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MURRAY INTERNATIONAL v. GRAHAM

No. 102, September Term, 1988.

315 Md. 543 (1989)

555 A.2d 502

MURRAY INTERNATIONAL FREIGHT CORP. v. THOMAS E. GRAHAM.

Court of Appeals of Maryland.

March 31, 1989.

Attorney(s) appearing for the Case

Yvette N. Diamond (Stanley Alpert, Cohen and Alpert, all on brief) Baltimore, for petitioner.

Wallace Kleid (S. Michael Floam, Floam & Kleid, all on brief) Baltimore, for respondent.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland, retired, Specially Assigned.

ADKINS, Judge.

This case presents the question whether petitioner, Murray International Freight Corporation (Murray International), is collaterally estopped from relitigating a Workmen's Compensation Commission's (Commission) determination of the employment status of respondent, Thomas E. Graham (Graham). We shall hold that on the facts of this case the collateral estoppel doctrine is inapplicable for two reasons. First, issue preclusion does not apply, since the...

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