DiGenova v. State Board of Education

SCHAUER, J., Dissenting.

After detailed study of the record and the pertinent law in this case I am in accord with the scholarly and forthright opinion authored for the District Court of Appeal by Justice pro tempore Coakley, and concurred in by Presiding Justice Bray (Cal.App., 1961), 11 Cal.Rptr. 620, and by reference adopt it as explanatory of the reasons why I cannot join my associates in affirming the judgment of the superior court.

Although Justice Coakley’s opinion is fully adequate and impelling to the conclusions reached, it, of course, was written before the opinion of my associates.…