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POTTER v. DEPT. OF LABOR AND INDUST.

No. 92-394.

853 P.2d 1207 (1993)

Dave POTTER, Petitioner and Appellant, v. MONTANA DEPARTMENT OF LABOR AND INDUSTRY, CONTRIBUTIONS BUREAU; John Bruton, d/b/a Downing Pharmacy; Ed Kopfman, d/b/a Rental Center; Beneke Construction; John Lohden Construction, and Mort Arkava, Respondents and Respondents.

Supreme Court of Montana.

Decided May 27, 1993.

Attorney(s) appearing for the Case

Judith A. Loring, Stevensville, for Petitioner and Appellant.

Daniel B. McGregor, Legal Services Div., Department of Labor & Industry, Helena; Julio K. Morales, Morales Law Office, Missoula; James Park Taylor, Missoula, for Respondents and Respondents.

HARRISON, Justice.

This is an appeal from the Fourth Judicial District, Ravalli County, the Honorable Douglas G. Harkin presiding. Appellant Dave Potter (Potter) appeals an order affirming a Board of Labor Appeals decision that in 1987 he was an independent contractor, not an employee, and therefore was not eligible for unemployment insurance benefits. We affirm.

On May 23, 1988, the Department of Labor and Industry (the Department) determined that Potter...

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