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TOLMAN v. UNDERHILL

Docket No. Sac. 6211.

39 Cal.2d 708 (1952)

249 P.2d 280

EDWARD C. TOLMAN et al., Petitioners, v. ROBERT M. UNDERHILL, as Secretary and Treasurer of the Regents of the University of California et al., Respondents.

Supreme Court of California. In Bank.

October 17, 1952.

Attorney(s) appearing for the Case

Stanley A. Weigel for Petitioners.

Pillsbury, Madison & Sutro, Eugene M. Prince and Francis R. Kirkham for Respondents.

Harold W. Kennedy, County Counsel, and Gerald G. Kelly, Assistant County Counsel, as Amici Curiae on behalf of Respondents.

GIBSON, C.J.

This is an original proceeding in mandamus to compel the Regents of the University of California, through their secretary, Underhill, to issue to each petitioner a letter of appointment to his regular post on the faculty of the university.

On April 21, 1950, the regents passed a resolution which provided that, effective with the academic year beginning July 1st, "conditions precedent to employment or renewal of employment of American citizens...

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