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091200P.pdf   02/23/2010  Barbara Ernster  v.  LUXCO Inc.
   U.S. Court of Appeals Case No:  09-1200
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Loken, Author, with Murphy and Bye, Circuit Judges]
Civil case - employment discrimination. Instructions to the jury on the question of whether plaintiff was an employee or an independent contractor were not erroneous; while the issue is one of law, when the question of whether a person is an employee or independent contractor turns on disputed facts which preclude summary judgment, a bifurcated jury trial on the issue is one option that a district court has the option to adopt; there was ample evidence to support the jury's finding that plaintiff was an independent contractor. Judge Murphy, concurring.