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TSANG v. KAN

No. 11891.

173 F.2d 204 (1949)

TSANG v. KAN.

United States Court of Appeals Ninth Circuit.

As Amended March 25, 1949.

Attorney(s) appearing for the Case

Robert E. Hatch, of San Francisco, Cal. (Lemuel H. Matthews, of San Francisco, Cal., of counsel), for appellant.

Frank J. Hennessy, U.S. Atty., and Rudolph J. Scholz and Joseph Karesh, Asst. U.S. Attys., all of San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, STEPHENS, Circuit Judge, and BOWEN, District Judge.

DENMAN, Chief Judge.

This is an appeal from a judgment for the appellee, a returned veteran, for lost wages due to the failure of appellant to restore him to his employment prior to his war service, he having waived restoration to his former position. The identical issue had been adjudicated against appellee in a suit between the parties in the Superior Court of the State of California in and for the City and County of San Francisco. There the employer, appellant...

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