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WALTON v. H.M. KELLY, INC. et al.

Appeal, No. 657 C.D. 1971.

6 Pa.Commw. 236 (1972)

Walton v. Harold M. Kelly, Inc. and B & P Motor Express, Inc.

Commonwealth Court of Pennsylvania.

August 1, 1972.

Attorney(s) appearing for the Case

Donn I. Cohen, with him Robert J. Stewart and Liverant, Senft and Cohen, for appellant.

Norman T. Petow, for appellee, Walton.

Robert J. Brown, with him Kain, Brown & Roberts, for appellee, B & P Motor Express, Inc.

Argued June 6, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE CRUMLISH, JR., August 1, 1972:

In this appeal from a decision and order of the Workmen's Compensation Board of Review, we are called upon to determine the true employer-employee relationship between Lester Walton and the two named defendants. Each named defendant contends that, for the purposes of workmen's compensation, the other was the employer of Walton.

Walton, a resident of Pennsylvania, was employed by Harold M. Kelly, Inc., as a tractor...

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