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LOWENSTEIN v. NEWARK BOARD OF EDUCATION

33 N.J. 277 (1960)

163 A.2d 156

ROBERT LOWENSTEIN, APPELLANT, v. NEWARK BOARD OF EDUCATION, RESPONDENT.

The Supreme Court of New Jersey.

Decided July 18, 1960.

Attorney(s) appearing for the Case

Mr. Morton Stavis and Mr. John O. Bigelow argued the cause for appellant.

Mr. Jacob Fox argued the cause for respondent.

Mr. David D. Furman, Attorney General, filed a statement in lieu of brief on behalf of the Commissioner of Education of the State of New Jersey (Mr. Murry Brochin, Deputy Attorney General, of counsel).

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

The appellant was one of the three Newark school teachers whose dismissals by the city board of education in 1955 were set aside by the State Commissioner of Education and that action affirmed by this court in Laba v. Newark Board of Education, 23 N.J. 364 (1957). The dismissals had been grounded on the teachers' refusal, in reliance on the Fifth Amendment of the United States...

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