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POWELL v. CALIFORNIA DEPT. OF EMPLOYMENT

Docket Nos. S.F. 21698, 21699.

63 Cal.2d 103 (1965)

403 P.2d 392

45 Cal. Rptr. 136

EDMUND C. POWELL et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF EMPLOYMENT et al., Defendants and Appellants; CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD et al., Defendants and Respondents. WALLACE R. BYRD et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF EMPLOYMENT et al., Defendants and Appellants; CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD et al., Defendants and Respondents. (Consolidated Cases.)

Supreme Court of California. In Bank.

June 30, 1965.

Attorney(s) appearing for the Case

Charles P. Scully for Plaintiffs and Appellants.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Clayton P. Roche and Walter J. Wiesner, Deputy Attorneys General, for Defendants and Appellants.

Jack D. Clevenger, Lewis & Foster, John V. Lewis, Flint & MacKay and Edwin Freston for Defendants and Respondents.

PEEK, J.

Petitioners in two consolidated cases appeal from orders denying their petitions for writs of mandate to compel payment of unemployment insurance benefits.

The Department of Employment initially rejected petitioners claims for benefits following its determination of their ineligibility, and the decisions were affirmed by the Unemployment Insurance Appeals Board. Thereafter the instant proceedings were commenced by petitioners pursuant to section 1094...

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