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BOARD OF EDUCATION v. EISENBERG

Docket No. 20190.

129 Cal.App.2d 732 (1954)

277 P.2d 943

BOARD OF EDUCATION OF THE CITY OF LOS ANGELES, Respondent, v. FRANCES ROBMAN EISENBERG, Appellant.

Court of Appeals of California, Second District, Division Two.

December 23, 1954.

Attorney(s) appearing for the Case

William B. Esterman for Appellant.

Harold W. Kennedy, County Counsel, Gerald G. Kelly, Assistant County Counsel, William E. Lamoreaux, Clarence H. Langstaff and James W. Briggs, Deputy County Counsel, for Respondent.

MOORE, P.J.

The question for decision is whether a teacher in the public schools has a constitutional right to her position after invoking her concededly constitutional privilege of refusing to answer the question: "Are you a member of the Communist Party of Los Angeles County?" — no other misconduct having been charged against her.

Appellant, Frances Robman Eisenberg, entered the public school system in 1933 as a substitute teacher. By 1944 she had...

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