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GIBSON v. UNEMPLOYMENT INS. APPEALS BD.

Docket No. Sac. 7970.

9 Cal.3d 494 (1973)

509 P.2d 945

108 Cal. Rptr. 1

BARRY KENT GIBSON, Plaintiff and Appellant, v. UNEMPLOYMENT INSURANCE APPEALS BOARD et al., Defendants and Respondents; SUPERIOR MOULDING COMPANY, Real Party in Interest and Respondent.

Supreme Court of California. In Bank.

May 22, 1973.

Attorney(s) appearing for the Case

COUNSEL

Howard L. Welch for Plaintiff and Appellant.

Jonathan B. Steiner as Amicus Curiae on behalf of Plaintiff and Appellant.

Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, N. Eugene Hill and Carol Hunter, Deputy Attorneys General, for Defendants and Respondents.

No appearance for Real Party in Interest and Respondent.

OPINION

TOBRINER, J.

When a claims interviewer denied plaintiff's (hereinafter petitioner) application for unemployment benefits, petitioner asked an attorney to appeal that decision to a referee. Due to a mistake in calendaring, the attorney filed the appeal three days after the expiration of the ten-day period provided by Unemployment Insurance Code section 1328. Although both section 1328 and Unemployment Insurance Appeals Board...

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