MACK v. SOUTH BAY BEER DISTRIBUTORS, INC.

No. 85-5716.

798 F.2d 1279 (1986)

Henry G. MACK, Plaintiff-Appellant, v. SOUTH BAY BEER DISTRIBUTORS, INC., dba Bay Beer Distributors, a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1986.


Attorney(s) appearing for the Case

Edward L. Smilow, Orange, Cal., for plaintiff-appellant.

David B. Simpson, Parker, Milliken, Clark, O'Hara & Samuelian, Los Angeles, Cal., for defendant-appellee.

Before ANDERSON, PREGERSON, and WIGGINS, Circuit Judges.


PREGERSON, Circuit Judge:

South Bay Beer Distributors, Inc. ("South Bay") fired Henry Mack. Mack was subsequently denied state unemployment insurance benefits. The California Unemployment Insurance Appeals Board ("Board") affirmed the denial of benefits, finding that South Bay fired Mack for misconduct. Instead of appealing the Board's denial of unemployment benefits in state court, Mack brought suit in federal district court against South Bay for age discrimination...

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