McCLOSKEY v. DIVISION OF LABOR, ETC.

No. 13102.

200 F.2d 402 (1952)

McCLOSKEY v. DIVISION OF LABOR LAW ENFORCEMENT, DEPARTMENT OF INDUSTRIAL RELATIONS, CALIFORNIA.

United States Court of Appeals Ninth Circuit.

December 17, 1952.


Attorney(s) appearing for the Case

Frank C. Weller, Hubert F. Laugharn, Thomas S. Tobin and C. E. H. McDonnell, Los Angeles, Cal., for appellant.

Pauline Nightingale, Edward M. Belasco and Leon Berger, Los Angeles, Cal., for appellee.

Before DENMAN, HEALY, and POPE, Circuit Judges.


HEALY, Circuit Judge.

The primary question in this case is whether severance or dismissal pay, in lieu of notice, constitutes wages entitled to priority under § 64(a) (2) of the Bankruptcy Act, or to lien status under § 1204 of the California Code of Civil Procedure. A secondary question is whether, if considered wages, the pay was earned within three months of the date of the commencement of the bankruptcy proceeding.1

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