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Business Entities Keyed to Chiappinelli
Ziegler v. Dahl
Citation:
691 N.W.2d 271 (N.D. 2005)Facts
Dahl, along with Tronson and Legacie, began marketing an ice fishing guide service. In the spring of 1997, Dahl conceived the name “Perch Patrol” for the guide service when he was asked by the local chamber of commerce to guide a camera crew. Each member of the Perch Patrol agreed to be an independent contractor, each responsible for obtaining his own license and equipment. Dahl asked Ziegler and Kitsch to help Perch Patrol guide ice fisherman during the 1998-1999 ice fishing season. Ziegler testified that he considered Kitsch and himself employees of Perch Patrol. Dahl presented Zielger and Kitsch with a document. Under the employment proposal, they would receive 50 percent of the number of clients over six per day. Under the “Partnership Proposal,” Ziegler and Kitsch would be their own separate entity under the Perch Patrol. The proposal also provided that both parties shall share equally in both the costs and the efforts in these endeavors.
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