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This section contains the nature of the case and procedural background.

Joiner (D) employed Carter to apply pesticide to D's crops by an aircraft. Carter used Endrin, many times more toxic than DDT, to do the crop dusting. The pesticide contaminated Bouroughs' (P) pond killing the fish and depreciating the value of P's land. The trial judge granted a motion for summary judgment to D because Carter was an independent contractor. P appealed.

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