The opinion
CARTER, J.
I concur in the conclusion reached in the majority opinion.
In this case both the adjustment unit and the referee denied benefits. Although the commission granted them, there was not present the initial allowance of benefits followed by affirmance by the referee as required by section 67 of the California Unemployment Insurance Act as it read in 1939 (Stats. 1939, eh. 1085), hence, the benefits were not payable regardless of an appeal.
Schauer, J., concurred.
Interveners’ petition for a rehearing was denied September 13, 1944. Carter, J., voted for a rehearing.