Opinion

American Civil Liberties Union v. Board of Education

55 Cal. 2d 906
10 Cal. Rptr. 659
359 P.2d 57
1961 Cal. LEXIS 270

Court: California Supreme Court
Filed: Jan 24, 1961
Status: Published
Author: Schaueb
On the bench: Dooling, Schaueb, White
Cited by: 2 cases
Authority: More cited than 26.1%

The opinion

SCHAUEB, J.

— Dissenting.—For the reasons stated in the dissenting opinion of Justice White in American Civil Liberties Union v. Board of Education of the City of Los Angeles, ante, p. 182 [ 10 Cal.Rptr. 647 , 359 P.2d 45 ], and for the reasons stated in the opinion of Presiding Justice Fox, concurred in by Justice Ashburn and Justice pro tempore Kincaid, * when that ease was before the District Court of Appeal (reported in (Cal.App.) 5 Cal.Rptr. 215 ), I would discharge the alternative writ and deny the petition for a peremptory writ of mandate.

McComb, J., concurred.

Bespondent’s petition for a rehearing was denied February 21, 1961. Schauer, J., McComb, J., and White, J., were of the opinion that the petition should be granted.

Assigned by Chairman of Judicial Council.

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