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MOTHER HUBBARD'S CUPBOARD v. C. OF MN. E. SERV.

No. 45548.

235 N.W.2d 842 (1975)

MOTHER HUBBARD'S CUPBOARD, et al., Relators, v. COMMISSIONER OF the MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

Supreme Court of Minnesota.

November 28, 1975.

Attorney(s) appearing for the Case

Marvin J. Morrison, St. Paul, for relators.

Warren Spannaus, Atty. Gen., Peter W. Sipkins, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Louis K. Robards, Special Asst. Atty. Gen., St. Paul, for respondent.

Heard before OTIS, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

PER CURIAM.

Relator, David A. Wederath (hereafter employer), now doing business as Mother Hubbard's Cupboard in St. Paul, seeks review of a decision of the Department of Employment Services (hereafter the department), dismissing as untimely his appeal from the department's assessment of his contribution rate for 1973.1 We affirm.

Until May 1971 employer operated a restaurant in Minneapolis known as the Lux Cafe. The property which...

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