Opinion

Board of Education v. Dresden Swan

41 Cal. 2d 546
261 P.2d 261
1953 Cal. LEXIS 302

Court: California Supreme Court
Filed: Oct 2, 1953
Status: Published
Author: SCHAUEIl
On the bench: Spence, Schaueil, Gibson, Shenk, Edmonds, Carter, Traynor
Cited by: 80 cases
Authority: More cited than 6.6%

Overruled on other grounds by Bekiaris v. Board of Education, 6 Cal. 3d 575 (1972)

Later courts went against this

Overruled on other grounds by Bekiaris v. Board of Education, 6 Cal. 3d 575 (1972)
41 Cal.2d 546, 551 , disapproved on other grounds by Bekiaris v. Board of Education (1972) 6 Cal.3d 575, 587, fn.7
California Supreme CourtFeb 9, 19722 citing opinionsother groundsRead it

The opinion

SCHAUEIl, J.,

Concurring and Dissenting. — I concur in the judgment and generally in the reasoning of the majority opinion but 1 do not agree that Hanley v. Murphy (1953), 40 Cal.2d 572, 582 [ 255 P.2d 1 ], “is clearly [or tenably] distinguishable.” This case, I think, follows the law whereas Hanley v. Murphy does not and should be overruled.

Appellant’s petition for a rehearing was denied October 29, 1953.

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