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GRUTZNER S.C. v. LIRC

No. 89-1297.

154 Wis.2d 648 (1990)

453 N.W.2d 920

GRUTZNER S.C., BYRON, HOLLAND & VOLLMER, Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 6, 1990.

Attorney(s) appearing for the Case

For defendant-appellant there were briefs by Michael J. Mathis of the Labor and Industry Review Commission, Madison.

For plaintiff-respondent there was a brief by Steven L. Vollmer of Grutzner S.C., Byron, Holland & Vollmer, Beloit.

For the State Bar of Wisconsin there was an amicus curiae brief by Anne B. Shindell and John A. Griner, IV, of Shindell & Bartley, Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The Labor and Industry Review Commission appeals a circuit court judgment reversing the commission's decision that certain part-time process servers were employees of Grutzner S.C., Byron, Holland & Vollmer, a law firm doing business in the city of Beloit, Wisconsin. The commission's decision was based upon the employer's failure to meet the criteria established in sec. 108.02(12)(b), Stats., which requires the alleged employer to prove that the alleged...

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