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EAST WIND EXP., INC. v. AIRBORNE

No. 23336-3-II.

974 P.2d 369 (1999)

EAST WIND EXPRESS, INC., an Oregon corporation, Hank Mishima, Henry Mishima and Craig Mayeda, Appellants, v. AIRBORNE FREIGHT CORPORATION, dba Airborne Express, a Delaware corporation, Respondent.

Court of Appeals of Washington, Division 2.

April 9, 1999.

Attorney(s) appearing for the Case

Garth L. Jones, Stritmatter Kessler Whelan Withey, Hoquiam, for Appellants.

Steven B. Tubbs, Schwabe, Williamson & Wyatt, Vancouver, for Respondent.

HUNT, J.

East Wind Corporation appeals a summary judgment finding that it did not have a franchise relationship with Airborne Freight Corporation and, therefore, Airborne could terminate its contract at will. Holding that East Wind is an independent contractor, not a franchisee, we affirm.

FACTS

Airborne Freight Corporation (Airborne) conducts a nationwide delivery service for packages from pick-up point to ultimate destination.

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