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MIDLAND ATLAS v. DEPT. OF LABOR

No. 18999.

538 N.W.2d 232 (1995)

MIDLAND ATLAS COMPANY, INC., Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, Appellee.

Supreme Court of South Dakota.

Decided September 27, 1995.

Attorney(s) appearing for the Case

William E. Coester, Milbank, for appellant.

Drew C. Johnson, Agency Attorney, Aberdeen, for appellee.

MILLER, Chief Justice.

Midland Atlas Company, Inc. (Midland) appeals an order of the circuit court which affirmed the decision of the South Dakota Department of Labor that certain Midland sales representatives were employees rather than independent contractors for purposes of unemployment insurance tax liability. We reverse and remand.

FACTS

Midland publishes and sells county atlases. Homer G. Taggart, III, filed a claim for unemployment insurance...

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