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AERO DESIGN & ENG. CO. v. OKLAHOMA EMP. SECURITY COM'N

Civ. A. No. 7297.

151 F.Supp. 844 (1956)

AERO DESIGN & ENGINEERING CO. et al., Plaintiffs, v. OKLAHOMA EMPLOYMENT SECURITY COMMISSION et al., Defendants.

United States District Court W. D. Oklahoma.

December 28, 1956.

Attorney(s) appearing for the Case

Lytle, Johnston & Soule, Oklahoma City, Okl., for plaintiff.

For plaintiff intervenors:

Johnson, Gordon & Cotter, Oklahoma City, Okl., for American Iron & Machine Works Co., Inc.

Withington, Shirk, Nichols & Clifford, Oklahoma City, Okl., for Robberson Steel Co. and Capitol Steel & Iron Co.

Edward M. Box, Oklahoma City, Okl., for Capitol Hill Taxi Operating Co.

Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, Okl., for Associated Industries of Oklahoma.

Milton Elliott, Burton Duncan and Robert H. Reynolds, Oklahoma City, Okl., Mac Q. Williamson, Atty. Gen. of Oklahoma, and James C. Harkin, Asst. Atty. Gen. of Oklahoma, for defendant. For defendant intervenor:

Schwoerke & Schwoerke, and Dean & McWilliams, Oklahoma City, Okl., for Jack D. Abraham and 256 others.

Before MURRAH, Circuit Judge, and CHANDLER and RIZLEY, District Judges.

MURRAH, Circuit Judge.

This suit challenges the constitutionality of the so-called double affirmation clause of the Oklahoma Employment Security Act. 40 O.S.A. § 211 et seq. The Act provides for the payment of certain stipulated benefits to unemployed persons under prescribed conditions from a fund created by contributions of Oklahoma employers (§ 217); creates an Employment Security Commission (§ 220(a); authorizes commission determination of eligibility...

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