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BRUSH v. STATE BD. OF HIGHER EDUCATION

245 Or. 373 (1966)

422 P.2d 268

BRUSH v. STATE BOARD OF HIGHER EDUCATION

Supreme Court of Oregon.

Affirmed December 30, 1966.

Attorney(s) appearing for the Case

Wolf D. von Otterstedt, Assistant Attorney General, Eugene, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and Loren H. Russell, Assistant Attorney General, Salem.

Thomas P. Deering, Portland, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

McALLISTER, C.J.

This is a declaratory judgment proceeding brought by plaintiff, Florence Brush, against the State Board of Higher Education, challenging the constitutionality of ORS 342.615, which requires that every teacher in the public schools of Oregon, as a condition of employment, subscribe to an oath in the form set out in the statute. The statute reads as follows:

ORS 342.615 "Any person...

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