Cited by
Opinions in Louisiana that cite Amyx v. Henry & Hall, 79 So. 2d 483.
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Randy Pilet v. Pilet Distributors, the Estate of Steve Pilet, Big Boy Distributor, L.L.C., Allstate Insurance Company, Milton …
La. Ct. App. 4th Cir. 2020
Further, “[i]t has been held that being terminable at the will of either party, alone, is sufficient, when considering the other circumstances of the employment, to signify that the contract created a relationship of master and servant.” Id.; Amyx v. Henry & Hall, 79 So.
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Jeansonne v. SCHMOLKE
40 So. 3d 347
La. Ct. App. 1st Cir. 2010
Amyx v. Henry & Hall, , (1955).
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Tate v. Progressive Security Insurance Co.
4 So. 3d 915
La. Ct. App. 1st Cir. 2009
Amyx v. Henry & Hall, , (1955).
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Harrington v. Hebert
789 So. 2d 649
La. Ct. App. 3d Cir. 2001
See Amyx v. Henry & Hall, , (1955); Lewis, (La.App.
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Singletary v. Fridley
762 So. 2d 692
La. Ct. App. 1st Cir. 2000
Amyx v. Henry & Hall, , (1955).
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Bellard v. Castille
759 So. 2d 789
La. Ct. App. 1st Cir. 1999
Amyx v. Henry & Hall, , (1955).
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Cooley v. Benson Motor Co. of New Orleans
695 So. 2d 1049
La. Ct. App. 1st Cir. 1997
Amyx v. Henry & Hall, , (1955).
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Bob v. Benoit
673 So. 2d 1321
La. Ct. App. 1st Cir. 1996
Amyx v. Henry & Hall, , (1955).
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Simon v. Orange Leader Newspaper, Inc.
647 So. 2d 624
La. Ct. App. 1st Cir. 1994
Amyx v. Henry & Hall, , (1955); (La.App.
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Berry v. STATE THROUGH DHHR
625 So. 2d 600
La. Ct. App. 3d Cir. 1993
Amyx v. Henry & Hall, , (1955).
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Lewis v. Teacher's Pet, Inc.
621 So. 2d 867
La. Ct. App. 3d Cir. 1993
Amyx v. Henry & Hall, , (1955)."
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Avery v. Commercial Union Ins. Co.
621 So. 2d 184
La. Ct. App. 3d Cir. 1993
Amyx v. Henry & Hall, , (1955)."
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Lorentz v. Coblentz
600 So. 2d 1376
La. Ct. App. 1st Cir. 1992
Amyx v. Henry & Hall
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Urbeso v. Bryan
583 So. 2d 114
La. Ct. App. 4th Cir. 1991
4th Cir.1977), writ denied quoting Amyx v. Henry & Hall, , (1955).
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Urbeso v. Bryan
583 So. 2d 114
La. Ct. App. 1st Cir. 1991
4th Cir.1977), writ denied quoting Amyx v. Henry & Hall, , (1955).
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Glover v. DIVING SERVICES INTERN.
577 So. 2d 1103
La. Ct. App. 1st Cir. 1991
Amyx v. Henry & Hall, , (1955).
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Stovall v. Shell Oil Co.
577 So. 2d 732
La. Ct. App. 1st Cir. 1991
102 , (1972); Amyx v. Henry & Hall, , (1955).
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Stutes v. Rossclaire Construction, Inc.
575 So. 2d 466
La. Ct. App. 3d Cir. 1991
Amyx v. Henry & Hall, , (1955)."
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Salard v. Jim Walter Homes, Inc.
563 So. 2d 1327
La. Ct. App. 3d Cir. 1990
See also Amyx v. Henry & Hall, , (1955).
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Smith v. Hughes Wood Products, Inc.
544 So. 2d 687
La. Ct. App. 3d Cir. 1989
See Amyx vs. Henry & Hall, , where the Supreme Court said: `In determining the nature of a contract as is here presented, the many factors growing out of its terms and conditions, including the attitude of the contracting parties, are to be considered.
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Fuller v. US Aircraft Ins. Group
530 So. 2d 1282
La. Ct. App. 2d Cir. 1988
App. 2d Cir.1973), writ denied Amyx v. Henry & Hall, , (1955).
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Weems v. Hickman
524 So. 2d 792
La. Ct. App. 3d Cir. 1988
Amyx v. Henry & Hall, , (1955)."
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Sparks v. Progressive American Ins. Co.
517 So. 2d 1036
La. Ct. App. 3d Cir. 1987
Amyx v. Henry & Hall, , (1955).
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Smith v. Zellerbach
486 So. 2d 798
La. Ct. App. 1st Cir. 1986
Hickman v. Southern Pacific Transport Company, 262 La.102, (1972); Amyx v. Henry & Hall, 227 La.364, (1955).
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Sampay v. Morton Salt Co.
482 So. 2d 752
La. Ct. App. 1st Cir. 1985
Roberts v. State, Through Louisiana Health & Human Resources Administration, Amyx v. Henry & Hall, , (1955).
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Hemphill v. State Farm Ins. Co.
472 So. 2d 320
La. Ct. App. 3d Cir. 1985
102 , (1972), and Amyx v. Henry & Hall, , (1955).
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Poynor v. Cure
443 So. 2d 1151
La. Ct. App. 5th Cir. 1983
See, Amyx v. Henry & Hall, , (1955).
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Winston v. Bourgeois, Bennett, Thokey and Hickey
432 So. 2d 936
La. Ct. App. 4th Cir. 1983
2d Cir.1976), Amyx v. Henry & Hall, , (1955).
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NAPASCO INTERN., INC., WESTERN DIV. v. Maxson
420 So. 2d 1276
La. Ct. App. 3d Cir. 1982
Simpson v. Kelly Services, Inc., supra; Amyx v. Henry & Hall
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Slaughter v. Georgia Casualty & Surety Co.
415 So. 2d 312
La. Ct. App. 1st Cir. 1982
Amyx v. Henry & Hall, , (1955).
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Arledge v. Royal Globe Ins. Co.
401 So. 2d 615
La. Ct. App. 3d Cir. 1981
102 , (1972); Amyx v. Henry & Hall, , (1955); (La.App.
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Tardo v. NEW ORLEANS PUBLIC SERV., INC.
353 So. 2d 409
La. Ct. App. 4th Cir. 1978
In order to determine whether Hamilton was an independent contractor or an employee we look to Amyx v. Henry & Hall, , (1955), where the Court said that the term independent contractor connotes freedom of action and choice with respect to the undertaking.
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Maxwell v. Bernard
343 So. 2d 431
La. Ct. App. 3d Cir. 1977
364 , (1955) that: "`An independent contractor is one who renders service in the course of an occupation representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.'" (La.App.
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Simpson v. Kelly Services, Inc.
339 So. 2d 490
La. Ct. App. 2d Cir. 1977
p. 100.'" Amyx v. Henry & Hall, , .
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Target Rental Towel, Inc. v. Byrd
341 So. 2d 600
La. Ct. App. 2d Cir. 1977
Simpson v. Kelly Services, Inc., Amyx v. Henry & Hall, , (1955).
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Odom v. Eaves
311 So. 2d 575
La. Ct. App. 3d Cir. 1975
102 , (1972), and Amyx v. Henry & Hall, , (1955).
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Verrett v. Houma Newspapers, Inc.
305 So. 2d 547
La. Ct. App. 1st Cir. 1974
The test for determining whether an individual is an independent contractor or an employee was set forth by the Supreme Court in Amyx v. Henry & Hall et al., , , as follows: "The term `independent contractor', as was said in the case of Gallaher v. Ricketts, La.App., 187 So.
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Beard v. Jordano
284 So. 2d 641
La. Ct. App. 1st Cir. 1973
In support of the proposition that at the time of the accident Finch and Jordano, Jr. were employees of the lumber corporation plaintiff relies heavily upon the case of Amyx v. Henry & Hall, , , cited by the trial judge in his reasons for judgment as authority for his finding that the construction company was not an independent contractor with respect to the corporation but was an employee.
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Watson v. Tippen
279 So. 2d 697
La. 1973
TATE, J., is of the opinion that a writ should be granted since the rationale is inconsistent with those in Amyx v. Henry & Hall, , (1955) and Hickman v. Southern Pacific Transportation Co., 262 La.
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Hickman Ex Rel. Iles v. Southern Pacific Transport Co.
262 So. 2d 385
La. 1972
Amyx v. Henry & Hall, , (1955).
- Robicheaux v. Frederick 257 So. 2d 183 La. Ct. App. 1st Cir. 1972
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Collins v. Joseph
250 So. 2d 796
La. Ct. App. 4th Cir. 1971
The court is of the opinion that this procedure meets the tests of an independent contractor as set out in the case of Amyx v. Henry & Hall, , (1955), relied upon by plaintiff.
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Cummings v. Providence Washington Insurance Co.
242 So. 2d 8
La. Ct. App. 1st Cir. 1970
Plaintiff appealed from the summary judgment, contending that the trial court erred in holding that Ray Thornhill was an independent contractor; and that the decision was in conflict with the case of Amyx v. Henry & Hall, et al., , (1955).
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Blanchard v. Ogima
200 So. 2d 374
La. Ct. App. 1st Cir. 1967
The conten *381 tion is untenable in view of our findings above set forth, but cited in support of this contention is Amyx v. Henry & Hall, 1955, , .
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Yates v. KTBS, Inc.
197 So. 2d 368
La. Ct. App. 1st Cir. 1967
The difference between a master and servant relationship and that of an independent contractor has been set forth and discussed thoroughly in two rather recent decisions: Amyx v. Henry & Hall, , (1955); Suckle v. Hartford Accident and Indemnity Company (La.App.
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Johnson v. Dabbs
194 So. 2d 816
La. Ct. App. 1st Cir. 1967
In Amyx v. Henry & Hall, , , is contained the following : “The term 'independent contractor’, as was said in the case of Gallaher v. Rick-etts, La.App., 187 So.
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Peterson v. Continental Can Co.
194 So. 2d 171
La. Ct. App. 1st Cir. 1967
We think the following tort cases adequately discuss the problem and are analogous to the instant case: Amyx v. Henry & Hall, , (1955); Malloy v. Buckner-Harmon Wood Contractors (La.App.
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Hardware Dealers Mutual Fire Insurance v. Willis
179 So. 2d 441
La. Ct. App. 1st Cir. 1965
The test to be applied in determining whether a person who is engaged to do a certain work is an independent contractor or an employee is set out in Amyx v. Henry & Hall et al., , , as follows: “The term ‘independent contractor’, as was said in the case of Gallaher v. Ricketts, La.App., 187 So.
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Averette v. Travelers Insurance Company
174 So. 2d 881
La. Ct. App. 1st Cir. 1965
516 , 5 Cir., 187 F.2d 27 ; Amyx v. Henry & Hall, , ; Eames v. Alexandria Contracting Co. Inc., La.App., 154 So.
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Little v. Caterpillar Tractor Company
169 So. 2d 654
La. Ct. App. 1st Cir. 1964
See Amyx v. Henry & Hall, , 79 So.