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  5. 563 N.W.2d 858 (1997)
 

JACKSON v. LEE'S TRAVELERS LODGE, INC.

No. 19645.

563 N.W.2d 858 (1997)

1997 SD 63

Robert JACKSON, Plaintiff and Appellee, v. LEE'S TRAVELERS LODGE, INC., a South Dakota Corporation, Defendant and Appellant, and Darrell Nelson and Emma Nelson, jointly and severally; and Minnesota Mutual Fire & Casualty Company, Defendants.

Supreme Court of South Dakota.

Decided June 4, 1997.

Attorney(s) appearing for the Case

T.F. Martin, Brookings, for plaintiff and appellee.

Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

GILBERTSON, Justice.

[¶ 1.] Lee's Travelers Lodge [Lee's] appeals a partial summary judgment determining Robert Jackson's [Jackson] status as an employee and a final judgment of workers' compensation benefits in favor of Jackson. We affirm in part, reverse in part and remand in part.

FACTS AND PROCEDURE

[¶ 2.] Jackson was hired by Lee's through Job Service of South Dakota in May 1989 as a day laborer to do weeding, planting and trimming...

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