Brown

Brown v. Luster

Good Law
165 F.2d 181·21 L.R.R.M. (BNA) 2229·1947 U.S. App. LEXIS 3103
United States Court of Appeals for the Ninth CircuitDecember 26, 1947No. 11544California2,827 words

Opinion

Lead Opinion

Garrecht, J.

A proceeding . was brought by Brown against Luster under § 8 of the Selective Training and Service Act of 1940, 50 U.S. C.A.Appendix, § 308, set forth in the margin.

The record shows that the appellant is a World War Two veteran; that he was inducted on February 27, 1943 and received his final discharge on April 9, 1946; the appellees, M. R. Luster and A. M. Luster, were partners doing business in the partnership name of Sunbeam Furniture Company and on July 1, 1946 they incorporated their business, but the identity of the business was not lost by such change. The appellees were engaged in the business of furniture jobbers with principal office and place of business at 1337 and 1339 South Flower Street, Los Angeles. Their business area is divided into two, one is described as the City of Los Angeles, and the other is the territory lying from Fresno to the Mexican border-line and referred to as that area outside of the City of Los Angeles. This case is concerned with the territory outside of the City of Los Angeles, in which the appellant sold furniture for the appellees prior to the time of his induction into the armed forces of the United States, and more particularly, from…

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