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283 F.2d 532

Docket No. 16778.

Berkwit v. Ferguson

Second Circuit Court of Appeals

Decided Oct. 12, 1960.

Second Circuit Court of Appeals · decided 1960-10-12

Cited by 3 later decisions — most recently December 1961

3 federal appellate ·

2 counsel of record

Relies on Masline v. New York, New Haven & Hartford Railroad · Soule v. . Bon Ami Company · Joseph v. Norton Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1960-10-12

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¶1*533Eller, Winton & Winkelman, Peter M. Winkelman, George M. Dell, Beverly Hills, Cal., for appellant.

¶2C. E. H. McDonnell, Los Angeles, Cal., Frederick J. Kling, McCutchen, Black, Harnagel & Shea, Los Angeles, Cal., for appellee.

¶3Before STEPHENS and BARNES, Circuit Judges, and BOLDT, District Judge.

¶4PER CURIAM.

¶5This appeal is from a district court order affirming on review the referee’s denial of appellant’s creditor claim against a bankrupt corporation. The claim is based on an alleged employment contract purportedly approved by the board of directors of the corporation at meetings on June 6, 1957 and July 1, 1957. Both the referee and the district court found and held that no meeting of the corporation directors was held on the dates specified and that the alleged contract was not authorized, approved or ratified.

¶6Appellant contends that the findings of fact referred to are not supported by the evidence and that efforts of the California Corporation Commissioner to terminate appellant’s employment were void because based on unconstitutional state statutes.

¶7When reviewed and considered as a whole, the record discloses substantial evidence from which.inferences can reasonably be drawn that fully support the facts found as above stated- Such holding obviates consideration of appellant’s other contentions.

¶8The judgment of the district court is affirmed.

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