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STATE EX REL. EMPLOY. SEC. COM'N v. HUCKABEE

No. COA94-1051.

461 S.E.2d 787 (1995)

STATE of North Carolina, ex rel. EMPLOYMENT SECURITY COMMISSION, v. J. Walter HUCKABEE t/a Red Cartage.

Court of Appeals of North Carolina.

September 19, 1995.

Attorney(s) appearing for the Case

T.S. Whitaker, Chief Counsel, and C. Coleman Billingsley, Jr., Staff Attorney, for plaintiff-appellant Employment Security Commission.

Singleton, Murray, Craven & Inman by Richard T. Craven, Fayetteville, for defendant-appellee.

WALKER, Judge.

This is the second appeal brought by the Employment Security Commission (the Commission) from a superior court's reversal of the Commission's decision that "loaders" engaged by appellee J. Walter Huckabee T/A Red Cartage (Red Cartage) to load trailers were employees for which Red Cartage owed unemployment taxes, penalties, and interest. The Commission assessed the unemployment taxes in September 1989 after it determined, pursuant to an investigation...

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