Division Of Labor Law Enforcement v. Stanley Restaurants, Inc.

228 F.2d 420 DIVISION OF LABOR LAW ENFORCEMENT, Department of Industrial Relations, State of California, Appellant, v. STANLEY RESTAURANTS, Inc., Ralph Meyer, as assignee for the benefit of Stanley Restaurants, Inc., and United States of America, Appellees. No. 14048. United States Court of Appeals Ninth Circuit. November 18, 1955. Pauline Nightingale, Edward M. Belasco, Leon H. Berger, Los Angeles, Cal., for appellant. Gendel & Raskoff, Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., H. Brian Holland, Asst. Atty. Gen., for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 This appeal has been here before, and it may be seen in our opinion in United States v. Division of Labor Law Enforcement, 9 Cir., 1953, 201 F.2d 857 , 36 A.L. R.2d 1197, that we held an assignment to a private assignee for benefit of creditors under Section 1204 of the California Code of Civil Procedure 1 does not prevail in favor of labor claims over claims of the United States by Rev.Stat. 3466. 2 We reversed the district court and remanded the case, to hold accordingly. 2 The mandate of this court was filed and spread upon the records of the district court which…