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Wayland v. Kleck

Supreme Court of Arizona

April 7, 1941

W. ROY WAYLAND, I. A. McCABE and JOSEPH H. CONDREY, as Members of and Constituting the UNEMPLOYMENT COMPENSATION COMMISSION OF ARIZONA, Appellants,
v.
J. S. KLECK, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. Howard C. Speakman, Judge. Judgment affirmed.

Mr. Arthur M. Davis and Mr. Fred O. Wilson, for Appellants.

Mr. Thomas W. Glenn, for Appellee.

OPINION

[57 Ariz. 136] ROSS, J.

Plaintiff, J. S. Kleck, brought this action against defendants, members of the Unemployment Compensation Commission of Arizona, to recover contributions paid to the unemployment compensation fund, based on a percentage of the wages paid his employees for the years 1936, 1937, 1938 and the first three quarters of 1939, amounting to the sum of $2,269.62, contending that he was engaged in agricultural labor during said time and therefore not liable for such contributions.

The court gave judgment for the plaintiff, and defendants appeal.

Under the provisions of the Unemployment Compensation Law of 1936 and amendments thereof (sections 56-1001 to 56-1022, Arizona Code, 1939), those employers engaged in agricultural labor are exempted from making contributions to such fund. Section 56-1019.

It appearing that appellee had in his service during such time three and more individuals, the only question for decision is whether such services should be classed as agricultural. The work he was engaged in [57 Ariz. 137] is described and enumerated in his complaint as follows:

"Clearing, grubbing, levelling, ditching, plowing, discing, dragging, bordering and generally preparing lands for and only for the planting of agricultural crops thereon,

"Dragging, sowing, broadcasting and planting seed on said agricultural lands for and only for the purpose of growing agricultural crops thereon and therefrom.

"Digging tanks, reservoirs and catch basins, and placing, forming and fashioning earthern dams for and only for the purpose of impounding water to be used for watering live stock.

Page 208

"Operating mechanical agricultural implements and farm machinery for the purposes hereinabove enumerated.

"Repairing and servicing such mechanical agricultural implements and farm machinery in the field as well as in a shop on the ranch of the plaintiff maintained and ...


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