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LABA v. NEWARK BOARD OF EDUCATION

23 N.J. 364 (1957)

129 A.2d 273

ESTELLE LABA, ET AL., APPELLANTS-CROSS-RESPONDENTS, v. THE BOARD OF EDUCATION OF NEWARK IN THE COUNTY OF ESSEX, RESPONDENT-CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided February 4, 1957.

Attorney(s) appearing for the Case

Mr. John O. Bigelow and Mr. Emil Oxfeld argued the cause for the appellants (Mr. Richard F. Green, attorney for Perry Zimmerman; Messrs. Rothbard, Harris & Oxfeld, attorneys for Estelle Laba).

Mr. Jacob Fox argued the cause for the respondent.

Mr. David D. Furman, Deputy Attorney-General, argued the cause for the State Commissioner of Education (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

The opinion of the court was delivered by JACOBS, J.

The Newark Board of Education dismissed three teachers (Mrs. Laba, Dr. Lowenstein and Mr. Zimmerman) after they had pleaded the Fifth Amendment during a hearing before a subcommittee of the House Un-American Activities Committee. On appeal, the State Commissioner of Education determined that the dismissals were contrary to the recent ruling of the United States Supreme Court in Slochower v. Board of Education...

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