The opinion
WINTER, Circuit Judge
(dissenting):
In my view, the district judge correctly found the facts and correctly concluded that “[s]ince Bradley Lumber Company, Inc. retained no control over Lewis or Grindstaff as individuals nor over their method of operation, the corporation cannot be considered their employer. Bradley Lumber Company, Inc., therefore, is not liable for the negligence of Lewis on November 25,1966.”
I would affirm on the district judge’s opinion. Sharpe v. Grindstaff, 329 F.Supp. 405 (M.D.N.C.1970).