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DiMAGGIO v. JOHNSTON AUDIO/D & M SOUND

No. WD 57737.

19 S.W.3d 185 (2000)

Fillipo DiMAGGIO, Appellant, v. JOHNSTON AUDIO/D & M SOUND, Respondent, Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

June 6, 2000.

Attorney(s) appearing for the Case

James P. Krupp, St. Louis, for appellant.

Roland P. Walker, Bruce Farmer, Columbia, for respondent Johnston Audio/D&M Sound.

Jeremiah W. (Jay) Nixon, Atty. Gen., Theodore A. Kardis, Asst. Atty. Gen., Jefferson City, for respondent Second Injury Fund.

Before LOWENSTEIN, P.J., ULRICH, J. and HOLLIGER, J.

ROBERT G. ULRICH, J.

Fillipo DiMaggio appeals the decision of the Labor and Industrial Relations Commission ("Commission") denying his claim for worker's compensation. Mr. DiMaggio claims the Commission erred in affirming the Administrative Law Judge's ("ALJ's") determination that Mr. DiMaggio was neither acting in any employment capacity with Johnston Audio/D & M Sound ("D & M Sound") nor that Mr. DiMaggio was a...

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