v2468-885

selling of real estate. To say that the leader

band selected and trained the musicians the s

appellant selects and trains the brokers, is

premise upon which to predicate the same con

for even if true, the argument overlooks the ot

portant elements present in the orchestra cas

the payment of stipulated salaries, selection ;

rangement of the music to be played, the righl

charge, and the payment of all expenses by the

But the analogy limps in other respects. 1

certainly no evidence of ''training" of the brok(

in question by appellant, as the record establisl

these brokers were already experienced in th(

ticular field. In fact, appellee agrees that the

"engaged on the assumption that they underst

technique of selling" (Br. 31).

The argument at page 23, that "ordinarily

dependent contractor is engaged to perform a

ular piece of work" is specious reasoning in tl

of the Greyvan case where the truckers there

exclusively for Greyvan under a continuing r

ship.

To say that the brokers were in "economic i

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archive.org Volume Name: govuscourtsca9briefs2468

Volume: http://archive.org/stream/govuscourtsca9briefs2468

Document Link: http://archive.org/stream/govuscourtsca9briefs2468#page/n884/mode/1up

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