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MOONLIGHT ROSE v. SD UNEMPLOYMENT INS. DIV.

No. 22350.

668 N.W.2d 304 (2003)

2003 SD 96

MOONLIGHT ROSE COMPANY, Appellant, v. SOUTH DAKOTA UNEMPLOYMENT INSURANCE DIVISION, South Dakota Department of Labor, Appellee.

Supreme Court of South Dakota.

Decided August 6, 2003.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, Sioux Falls, SD, for appellant.

Lawrence E. Long, Attorney General, Pierre, SD, Drew C. Johnson, Special Assistant Attorney General, Aberdeen, SD, for appellee.

ZINTER, Justice.

[¶ 1.] Moonlight Rose Company (Moonlight) appeals from a circuit court decision affirming a decision of the Department of Labor. Both concluded that Moonlight's retail rose sellers were employees, rather than independent contractors. Therefore, Moonlight was required to make contributions to the unemployment insurance compensation fund. We affirm.

FACTS

[¶ 2.] Moonlight entered into written agreements with Dan Long, Lana...

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