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STATE BOARD OF EDUCATION v. LEVIT

Docket No. Sac. 7057.

52 Cal.2d 441 (1959)

343 P.2d 8

THE STATE BOARD OF EDUCATION, Petitioner, v. BERT W. LEVIT, as Director of Finance, Respondent.

Supreme Court of California. In Bank.

July 2, 1959.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, B. Abbott Goldberg, Assistant Attorney General, Richard L. Mayers and Preble Stolz, Deputy Attorneys General for Petitioner.

A.L. Wirin and Richard W. Petherbridge as Amici Curiae on behalf of Petitioner.

Macklin Fleming for Respondent.

Ralph N. Kleps, Legislative Counsel, Angus C. Morrison, Chief Deputy Legislative Counsel, and Barbara C. Calais, Deputy Legislative Counsel, as Amici Curiae on behalf of Respondent.

SHENK, J.

This is an original proceeding in mandamus. The petitioner, the State Board of Education, is authorized by the state Constitution to "provide, compile, or cause to be compiled, and adopt, a uniform series of textbooks for use in the day and evening elementary schools throughout the State ... [and to] cause such textbooks, when adopted, to be printed and published...." (Const., art. IX, § 7.) The respondent...

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