Opinion

American Civil Liberties Union v. Board of Education

55 Cal. 2d 167
10 Cal. Rptr. 647
359 P.2d 45
94 A.L.R. 2d 1259
1961 Cal. LEXIS 198

Court: California Supreme Court
Filed: Jan 24, 1961
Status: Published
Author: Schauer
On the bench: Dooling, White, Schauer
Cited by: 30 cases

The opinion

SCHAUER, J.

— I concur in the reasoning and conclusions of Justice White and also am in full accord with, and by reference adopt, the opinion prepared for the District Court of Appeal (when this case was before that court, reported in (Cal.App.) 5 Cal.Rptr. 215 ) by Presiding Justice Fox and concurred in by Justice Ashburn and Justice pro tempore Kincaid. * For all of the reasons enunciated by Justices White, *187 Fox, Ashburn and Kincaid the alternative writ should be discharged and the petition denied.

McComb, J., concurred.

Respondents’ 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 oí Judicial Council.

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