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HILL v. E&L FARMS

No. 18537.

848 P.2d 429 (1993)

123 Idaho 371

Dean R. HILL, Claimant, v. E&L FARMS, Employer and State Insurance Fund, Surety, Defendants-Respondents. E & L FARMS, Employer and State Insurance Fund, Surety, Plaintiffs-Respondents, v. RUSSET POTATO COMPANY, Employer, and United States Fidelity & Guarantee Company, Surety, Defendants-Appellants.

Supreme Court of Idaho, Boise, September 1992 Term.

March 9, 1993.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, Boise, for appellants. John W. Barrett, argued.

Ellis, Brown and Sheils, Chtd., Boise, for respondents. Max M. Sheils, Jr., argued.

ON REHEARING

BISTLINE, Justice.

Russet Potato Company (Russet), the employer, and United States Fidelity Guarantee Company (USF & G), Russet's worker's compensation surety, appeal from the Industrial Commission's decision finding Russet to be the employer of the claimant Dean Hill (Hill). The claimant was injured while working on a potato seed duster conveyor belt at E & L Farms. Russet contends that under the "borrowed servant" doctrine the Industrial...

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