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SMITH v. ARIZONA DEPT. OF ECONOMIC SEC.

No. 1 CA-CIV 4599.

128 Ariz. 21 (1980)

623 P.2d 810

Howard and Geneva SMITH, doing business as Arizona Mobile Home Movers, Plaintiffs-Appellants, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY; John L. Huerta, Director of Economic Security; R.D. Sorenson, Chairman of Appeal Tribunal; Charles N. Vance, Manager of Contribution Section and Gerald W. Korte, Department Representative, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 19, 1980.

Attorney(s) appearing for the Case

Hill & Savoy by Cheryl K. Hendrix, Phoenix, for plaintiffs-appellants.

Robert K. Corbin, Atty. Gen., by Frank J. Sagarino, Asst. Atty. Gen., Phoenix, for defendants-appellees.

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C., by Frederic A. Luyties, III, Tucson, for Transit Homes, Inc., amicus curiae.

OPINION

DONOFRIO, Judge.

This is an appeal from the judgment of the superior court which affirmed the final administrative decision of the Department of Economic Security. The superior court held that the services performed by drivers and helpers in moving and setting up mobile homes constitutes employment for Howard Smith and Geneva Smith, dba Arizona Mobile Home Movers, as defined in A.R.S. § 23-615; remuneration...

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