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  5. 475 S.E.2d 149 (1996)
 

PERSONNEL TEMP. SERV. v. WV DIV. OF LABOR

No. 23268.

475 S.E.2d 149 (1996)

197 W.Va. 149

PERSONNEL TEMPORARY SERVICES, A DIVISION OF PERSONNEL, INC., Appellant, v. WEST VIRGINIA DIVISION OF LABOR CONTRACTOR LICENSING BOARD, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 17, 1996.

Attorney(s) appearing for the Case

Elgine Heceta McArdle, Phillips, Gardill, Kaiser & Altmeyer, Wheeling, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Daynus Jividen, Senior Assistant Attorney General, Charleston, for Appellee.

RECHT, Justice:

Personnel Temporary Services appeals an order of the Circuit Court of Ohio County entered June 27, 1995 finding Personnel Temporary Services to be a "contractor," as defined in the West Virginia Contractor Licensing Act, W. Va.Code 21-11-1 to -19 (1991). On appeal, Personnel Temporary Services maintains that it is not a "contractor" because, although it retained payroll functions for the temporary laborers...

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