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ATCHISON & KELLER, INC. v. DISTRICT UNEMPLOY. COMP. BD.

No. 23356.

435 F.2d 411 (1970)

ATCHISON & KELLER, INC., Appellant, v. DISTRICT UNEMPLOYMENT COMPENSATION BOARD, Melvin C. Keller.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1970.

Attorney(s) appearing for the Case

Mr. Mark P. Friedlander, Jr., Washington, D.C., for appellant. Messrs. Mark P. Friedlander, Blaine P. Friedlander, Harry P. Friedlander and Marshall H. Brooks, Washington, D.C., also entered appearances for appellant.

Mr. George A. Ross, Washington, D. C., with whom Messrs. F. G. Gordon, Jr., and Russell L. Carter, Washington, D. C., were on the brief, for appellee, District Unemployment Compensation Board.

Mr. Thomas Canafax, Washington, D. C., of the bar of the Supreme Court of Oklahoma, pro hac vice, by special leave of court, for appellee, Melvin C. Keller.

Mr. Allen G. Siegel, Washington, D. C., was on the brief for appellee, Melvin C. Keller. Messrs. Joel I. Keiler and Andrew H. Levy, Washington, D.C., also entered appearances for appellee, Melvin C. Keller.

Before TAMM, LEVENTHAL and ROBINSON, Circuit Judges.

LEVENTHAL, Circuit Judge:

The issue before us is whether appellant-employer is barred, for lack of timely application, from obtaining an administrative review of the initial determination of the District Unemployment Compensation Board that one of appellant's former employees is entitled to receive benefits.

The Board determined, after a hearing before its Appeals Examiner that the employer's application for review was untimely. The employer's action for review...

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