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State of Tennessee v. David Joe Vineyard and Jimmy Lee Cockburn 03C01-9502-CR-00052 Authoring Judge: Per Curiam Trial Court Judge: Judge Mayo L. Mashburn Order on Petition To Rehear Upon consideration of the petition to rehear filed by the appellants Davey Joe Vineyard and Jimmy Lee Cockburn, this Court is of the opinion that the petition should be and the same is hereby denied.	Bradley	Court of Appeals	02/17/98
Samuelson vs. Totty 01S01-9702-CV-00025		Supreme Court	02/17/98
State vs. Vineyard 03S01-9612-CR-00120		Supreme Court	02/17/98
State vs. Eronia Neal W1999-01194-CCA-R3-CD Authoring Judge: Judge Gary R Wade Trial Court Judge: Joseph B. Dailey	Shelby	Court of Criminal Appeals	02/15/98
Joseph Nolen v. Amy Nolen M2002-00138-COA-R3-CV Authoring Judge: Judge Don R. Ash Trial Court Judge: Donald P. Harris	Hickman	Court of Appeals	02/14/98
William Allen Frazier v. Landair Services, Inc. 03S01-9706-CV-00064 Authoring Judge: John K. Byers, Senior Judge Trial Court Judge: Hon. John Mcclellan, III, This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged in his petition that he was injured while unloading a trailer while in the employment of the defendant.1 The defendant filed a Motion for Summary Judgment supported by affidavits, and the plaintiff answered the motion by filing affidavits also. The trial judge granted summary judgment to the defendant and dismissed the plaintiff's petition. We affirm the judgment. The issue raised in this case is whether the plaintiff was an employee of the defendant and thus entitled to recover workers' compensation benefits for his injury. The structure of the relationship between the plaintiff and the defendant was derived from the employment of the plaintiff as a driver with a company known as Central Trucking, Inc. Landair Transport, Inc. entered into a contract with Central Trucking whereby Central Trucking would tow the defendant's trailers on shipments to the defendant's customers. The contract provided that the employees of Central Trucking would not be employees of the defendant. The plaintiff contended in his petition and affidavit that he was injured while unloading a trailer for the defendant and that all unloading fees were negotiated between him and a terminal manager of the defendant. The plaintiff claims this created an employer-employee relationship between him and the defendant. One of the owners of Central Trucking filed an affidavit in support of the plaintiff's claim that the amount to be paid for unloading was negotiated between the plaintiff and the defendant. The trial judge considered the affidavits, the contract between the defendant and Central Trucking, and various documents filed in support of and in opposition to the Motion for Summary Judgment. After reviewing the documents and hearing 1 It appears the actual defendant relevant to this case is Landair Transport, Inc. frazier.wc 2	Knox	Workers Compensation Panel	02/13/98
01C01-9612-CR-00507 01C01-9612-CR-00507 Trial Court Judge: Seth W. Norman	Davidson	Court of Criminal Appeals	02/13/98
Hollis vs. Hollis 01A01-9704-CH-00178 Trial Court Judge: Henry Denmark Bell	Williamson	Court of Appeals	02/13/98
Culp vs. J.B. Hinson & Pevahouse 01A01-9707-CV-00307 Trial Court Judge: Jim T. Hamilton	Wayne	Court of Appeals	02/13/98
Carson vs. Agri-Products Special Markets 01A01-9708-CV-00420	Montgomery	Court of Appeals	02/13/98
Billy Aldridge vs. State 01C01-9704-CR-00142	Davidson	Court of Criminal Appeals	02/13/98
Sherrell vs. Sherrell 01A01-9703-CH-00131 Trial Court Judge: Jim T. Hamilton	Lawrence	Court of Appeals	02/13/98
Sanders, et. ux. vs. Mansfield, et. al. 01A01-9705-CH-00222 Trial Court Judge: Ben H. Cantrell	Lincoln	Court of Appeals	02/13/98
Child Support Svcs. vs. Russell 01A01-9706-JV-00267 Trial Court Judge: Andrew J. Shookhoff	Davidson	Court of Appeals	02/13/98
West vs. Dept. of Correction, et. al. 01A01-9706-CV-00243 Trial Court Judge: Walter C. Kurtz	Davidson	Court of Appeals	02/13/98
Little, et. al. vs. Hogan, et. al. 01A01-9707-CV-00291		Court of Appeals	02/13/98
Karr vs. Gibson 01A01-9605-CH-00220 Trial Court Judge: Irvin H. Kilcrease, Jr.	Davidson	Court of Appeals	02/13/98
Charles Orren vs. State 03C01-9704-CR-00141 Trial Court Judge: Lynn W. Brown	Johnson	Court of Criminal Appeals	02/13/98
State vs. Maurice Johnson 03C01-9705-CR-00175 Trial Court Judge: Richard R. Baumgartner	Knox	Court of Criminal Appeals	02/13/98
Tommy Horton Tate vs. State 03C01-9707-CR-00264 Trial Court Judge: E. Eugene Eblen	Morgan	Court of Criminal Appeals	02/13/98
Mildred Daniel vs. James Daniel 02A01-9606-CH-00135 Trial Court Judge: Floyd Peete, Jr.	Shelby	Court of Appeals	02/12/98
State vs. Rickey Nelson 02C01-9607-CR-00223 Trial Court Judge: John P. Colton, Jr.	Shelby	Court of Criminal Appeals	02/12/98
State vs. Kenneth Johnson 02C01-9612-CR-00476 Trial Court Judge: James C. Beasley, Jr.	Shelby	Court of Criminal Appeals	02/12/98
State vs. Kevin Hyman & Karen Russell 02C01-9612-CR-00454	Shelby	Court of Criminal Appeals	02/12/98
State vs. Raymond Jones 02C01-9705-CC-00162	Madison	Court of Criminal Appeals	02/12/98