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HOLLE FARMS v. KANSAS DEPT. OF HUMAN RESOURCES

No. 68,360

18 Kan. App. 2d 35 (1993)

846 P.2d 941

HOLLE FARMS, INC., Appellant, v. KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellee.

Court of Appeals of Kansas.

Opinion filed February 12, 1993.

Attorney(s) appearing for the Case

Joseph A. Knopp, of Manhattan, for appellant.

Don Doesken, of Topeka, for appellee.

Before BRAZIL, P.J., LARSON, J., and DAVID PRAGER, Chief Justice Retired, assigned.

PRAGER, C.J. Retired:

This is a proceeding to determine an employer's liability for contributions under the employment security law (K.S.A. 44-701 et seq.). The issue is whether an employee whose duty is the sale and marketing of agricultural products is engaged in "agricultural labor" under K.S.A. 1992 Supp. 44-703(w)(1) so that the employer is exempt from unemployment insurance tax contributions.

The facts in the case are undisputed. Holle Farms,...

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