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DEMARINIS v. DONOVAN

No. 83-7489.

790 F.2d 1419 (1986)

John E. DEMARINIS, Petitioner-Appellant, v. Raymond J. DONOVAN, Secretary of Labor, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

June 2, 1986.

Attorney(s) appearing for the Case

John William Cumming, Eureka, Cal., for petitioner-appellant.

Dennis A. Paquette, Dept. of Labor, Washington, D.C., for respondent-appellee.

Before GOODWIN, SCHROEDER and FARRIS, Circuit Judges.

ORDER

The facts are stated in Demarinis v. Donovan, 728 F.2d 1266 (9th Cir.1984).

On petition for rehearing, the government points out that under California law the Director of the Employment Development Department has the authority in certain cases to terminate benefits to ineligible recipients after they had been initially found eligible under an erroneous construction of a statute.

We have reexamined the...

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