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GARDNER v. STATE OF CALIFORNIA

Docket No. S.F. 19975.

53 Cal.2d 23 (1959)

346 P.2d 193

CAROLYN H. GARDNER et al., Respondents, v. STATE OF CALIFORNIA DIRECTOR OF EMPLOYMENT et al., Appellants.

Supreme Court of California. In Bank.

November 10, 1959.

Attorney(s) appearing for the Case

Edmund G. Brown and Stanley Mosk, Attorneys General, Irving H. Perluss, Assistant Attorney General, William L. Shaw, Deputy Attorney General, Rea, Frasse, Anatasi, Clark & Chapman and Anthony J. Anastasi for Appellants.

Eddy S. Feldman as Amicus Curiae on behalf of Appellants.

Johnson, Thorne, Speed & Bamford and John E. Thorne for Respondents.

Charles P. Scully and Victor Van Bourg as Amici Curiae on behalf of Respondents.

SCHAUER, J.

This mandamus proceeding comes before us on appeal by defendant State of California and defendant employers from a judgment of the superior court ordering defendant state to pay petitioners unemployment insurance benefits. The judgment sets aside a decision of the California Unemployment Insurance Appeals Board which denied such benefits to the petitioners. We have concluded that defendants are correct in their contention that by reason of the provisions...

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