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BIRCHEM v. KNIGHTS OF COLUMBUS

No. 96-2294.

116 F.3d 310 (1997)

Keith BIRCHEM, Plaintiff-Appellant, v. KNIGHTS OF COLUMBUS; Daniel N. Wentz, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 30, 1997.

Attorney(s) appearing for the Case

Timothy Hill (argued), Fargo, North Dakota, for Plaintiff-Appellant.

Paul D. Clement, Washington, DC, argued (Thomas D. Yannucci, on the brief), for Defendants-Appellees.

Before MAGILL, BEAM, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Terminated insurance agent Keith Birchem appeals the dismissal of his claims for disability discrimination, breach of contract, retaliatory discharge, and intentional infliction of emotional distress. The district court1 granted summary judgment primarily on the ground that Birchem was an independent contractor, not an employee. We affirm.

Knights of Columbus ("KOC") is a non-profit fraternal benefit society...

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