ZUCKERMAN-MANDEVILLE, INC. v. SHEFFIELD

Docket No. 12118.

8 Cal.App.3d 793 (1970)

88 Cal. Rptr. 57

ZUCKERMAN-MANDEVILLE, INC., Plaintiff and Respondent, v. G.L. SHEFFIELD, as Director, etc., et al., Defendants and Appellants.

Court of Appeals of California, Third District.

June 15, 1970.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Ernest P. Goodman, Assistant Attorney General, William L. Shaw and Edward P. Hollingshead, Deputy Attorneys General, for Defendants and Appellants.

Daley, Brewer, Patridge & Garrett and Garry J.D. Hubert for Plaintiff and Respondent.


OPINION

REGAN, J.

This is an action for a refund of unemployment insurance taxes paid under protest by the plaintiff, a farming corporation. The trial court, sitting without a jury, considered the case to be one of first impression, found for the plaintiff, and in so doing held section 627, subdivision (b) of the Unemployment Insurance Code to be unconstitutional as applied to the facts in this case.1...

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