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MacKAY v. RAFFERTY

No. C-70 468.

321 F.Supp. 1177 (1970)

Kenneth P. MacKAY et al., Plaintiffs, v. Max RAFFERTY et al., Defendants.

United States District Court, N. D. California.

June 24, 1970.

Attorney(s) appearing for the Case

American Civil Liberties Union, Paul N. Halvonik, Charles C. Marson, Marshall W. Krause, San Francisco, Cal., for plaintiffs.

Elliot G. Steinberg, San Jose, Cal., Thomas C. Lynch, Atty. Gen., State of Cal., San Francisco, Cal., for defendants.

Before HAMLIN, Circuit Judge, and BURKE and WOLLENBERG, District Judges.

ORDER GRANTING INJUNCTIVE RELIEF

PER CURIAM.

This action attacks the constitutionality of California Education Code § 13121, which provides that no person may be certified as a teacher in the public schools of the State of California unless he has subscribed to a "loyalty oath", the terms of which are set forth below.1 The oath is attacked on the grounds discussed in Baggett v. Bullitt, 377 U.S. 360

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