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RAYMOND GORECKI, PLAINTIFF-APPELLANT, v. UNITED EXCAVATING CO.,DEFENDANT-RESPONDENT.

PER CURIAM.

The Appellate Division denied workmen's compensation on a finding that the petitioner was an independent contractor. This case is not materially different from Caicco v. Toto Brothers, Inc., 62 N.J. 305 (1973), and for the reasons there given, the judgment of the Appellate Division is reversed.

For reversal — Chief Justice WEINTRAUB, Justices JACOBS, PROCTOR, MOUNTAIN and SULLIVAN, and Judges LEWIS and COLLESTER — 7.

For affirmance — None.

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GORECKI v. UNITED EXCAVATING CO
(May 7, 1973)