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MILLER v. BETTENCOURT

No. 11501.

161 F.2d 995 (1947)

MILLER v. BETTENCOURT.

Circuit Court of Appeals, Ninth Circuit.

June 5, 1947.

Attorney(s) appearing for the Case

John F. Sonnett, Asst. Atty. Gen., and Frank J. Hennessy and William E. Licking, Asst. U. S. Attys., and Arthur C. Miller, all of San Francisco, Cal. (J. Francis Hayden, Sp. Asst. to the Atty. Gen., and Hubert H. Margolies, Atty., Dept. of Justice, and Leonard B. Zeisler, of Washington, D. C., of counsel), for appellant.

Arthur L. Johnson, of San Jose, Cal., for appellee.

Before STEPHENS, HEALY and BONE, Circuit Judges.

BONE, Circuit Judge.

The undisputed facts and the issue of law in this case are similar to those before us in the companion case of Miller, Federal Security Administrator, v. Burger, 9 Cir., 161 F.2d 992.1 By consent, the record of the Burger case was incorporated in the record in this case and the cases were consolidated for argument in this court.

Appellee was employed by Rosenberg Brothers and...

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