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MALOY v. A. E. ANDREWS & SON

268 A.2d 472 (1970)

Maynard MALOY v. A. E. ANDREWS & SON and/or New Hampshire Insurance Co. or W. H. Hinman, Inc.

Supreme Judicial Court of Maine.

August 3, 1970.

Attorney(s) appearing for the Case

Ralph W. Farris, Jr., Augusta, for plaintiff.

Berman, Berman & Flaherty, by Christopher A. Moen, Jr., and David M. Cohen, Portland, for A. E. Andrews and/or New Hampshire Ins. Co.

Lawrence P. Mahoney, Portland, for W. H. Hinman.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE and POMEROY, JJ.

WILLIAMSON, Chief Justice.

In this Workmen's Compensation case the question is whether at the time of petitioner Maloy's injury he was in the employ of Elmer A. Andrews, d/b/a A. E. Andrews & Son (Andrews), or W. H. Hinman, Inc. (Hinman), or both. It is agreed Maloy is entitled to compensation.

The Industrial Accident Commission found that Andrews was the employer. From this decision Andrews appeals pointing to Hinman as the employer, or in the alternative...

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