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J. MILLER CO. et al. v. MIXTER

2 Pa.Commw. 229 (1971)

J. Miller Co. and Selective Insurance Company v. Samuel E. Mixter.

Commonwealth Court of Pennsylvania.

May 25, 1971.

Attorney(s) appearing for the Case

Irwin M. Ringold, with him Alexander J. Jaffurs, for appellants.

Thomas Hollander, with him Evans, Ivory & Evans, for appellee.

Argued April 21, 1971, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, May 25, 1971:

In this workmen's compensation case, the only question before us is whether at the time he suffered serious injuries the claimant, Samuel E. Mixter, was an independent contractor or was an employee of the defendant, J. Miller Company. The referee made an award in favor of the claimant. An appeal was taken by the defendant and compensation carrier to the Workmen's Compensation...

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