# Board of Education v. Dresden Swan

> California Supreme Court · October 2, 1953 · 41 Cal. 2d 546

URL: https://www.frixlaw.com/law-library/cases/9601508

## Case

- **Full name:** BOARD OF EDUCATION OF THE CITY OF LOS ANGELES, Respondent, v. JONE L. DRESDEN SWAN, Appellant
- **Court:** California Supreme Court
- **Decided:** October 2, 1953
- **Citations:** 41 Cal. 2d 546; 261 P.2d 261; 1953 Cal. LEXIS 302
- **Precedential status:** Published
- **Opinion:** Concurring in part by SCHAUEIl
- **Judges:** Spence, Schaueil, Gibson, Shenk, Edmonds, Carter, Traynor
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Bekiaris v. Board of Education, 6 Cal. 3d 575 (1972).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9601508

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9601508. Public record. Not legal advice.