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MANNING'S, INC. v. BURKETT

Docket No. S.F. 19213.

45 Cal.2d 43 (1955)

286 P.2d 13

MANNING'S, INC. (a Corporation), Appellant, v. WILLIAM A. BURKETT, as Director of Employment, etc., Respondent.

Supreme Court of California. In Bank.

July 29, 1955.

Attorney(s) appearing for the Case

Ernest J. Hill and Walter E. Dorn for Appellant.

Edmund G. Brown, Attorney General, Irving H. Perluss, Assistant Attorney General, William L. Shaw and Vincent F. Lafferty, Deputy Attorneys General, for Respondent.

GIBSON, C.J.

Plaintiff instituted this proceeding against defendant, the Director of Employment, seeking to recover contributions allegedly overpaid to the unemployment fund and to obtain a readjustment of its account. A demurrer to the complaint was sustained without leave to amend, and judgment was entered for defendant.

The complaint alleged as follows: In 1944 plaintiff commenced an action against defendant which resulted in a judgment ordering a refund...

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