AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA v. BOARD OF EDUCATION OF CITY OF SAN DIEGO

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District Court of Appeal, Second District, Division 2, California.

AMERICAN CIVIL LIBERTIES UNION OF SOUTHERN CALIFORNIA, a California Corporation, Rev. John R. Clark, Harvey Furgatch, Dr. Harry Ruja, John W. Hamburg and Irwin Gostin, Petitioners, v. BOARD OF EDUCATION OF the CITY OF SAN DIEGO, Respondent.*

Civ. 24574.

Decided: May 24, 1960

A. L. Wirin, Abraham Gorenfeld, Los Angeles, Irwin Gostin, San Diego, for petitioners. Henry A. Dietz, County Counsel, Donald L. Clark and Joseph Kase, Jr., Deputies County Counsel, San Diego, for respondent.

Petitioners seek a writ of mandate to compel the respondent Board of Education to grant them the use of certain school buildings in the City of San Diego, in which to hold a series of monthly public meetings.

The issues presented by this petition are identical in all material respects with those presented in American Civil Liberties Union et al., v. Board of Education of the City of Los Angeles, Cal.App., 5 Cal.Rptr. 215. For the reasons expressed in the above opinion, the alternative writ is discharged and the petition is denied.

FOX, Presiding Justice.

ASHBURN, J., and KINCAID, J. pro tem., concur.