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Huffman Inc. v. North Dakota Workforce Safety and Ins.

Supreme Court of North Dakota

February 12, 2015

Huffman Inc., d/b/a Huffco Services, Appellant
v.
North Dakota Workforce Safety and Insurance, Appellee

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.

Stephen D. Little, Bismarck, ND, for appellant.

Jacqueline Sue Anderson, Special Assistant Attorney General, Fargo, ND, for appellee.

Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.

OPINION

Per Curiam.

[¶1] Huffman Incorporated (" Huffco" ) appeals from a district court judgment affirming an administrative law judge's order finding Huffco's drivers are employees. Huffco argues its drivers are independent contractors and not employees because the greater weight of the evidence shows that Huffco's drivers agreed to work as independent contractors, continued working as independent contractors, were treated as independent contractors and accepted the benefits of being independent contractors. We summarily affirm the district court judgment under N.D.R.App.P. 35.1(a)(5).

I

[¶2] Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.


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