concurs, and would add that the test used by the Court of Appeal to determine whether defendant was a “statutory employer” was incomplete.

In re Kenneth Austin Guinn, applying for writs of certiorari and review. Parish of Vernon. Court of Appeal, Third Circuit. 398 So.2d 128.

*979Granted. The summary judgment is reversed. The material facts that are not genuinely disputed do not entitle mover to judgment as a matter of law. C.C.P. art. 966. The case is remanded to the trial court for trial on the merits.