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DEEPER LIFE CHRISTIAN FELLOWSHIP v. BOARD OF EDUC.

No. 1054, Docket 87-9021.

852 F.2d 676 (1988)

DEEPER LIFE CHRISTIAN FELLOWSHIP, INC., Appellee, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Colleen Edmondson, and District 27 Community School Board, Appellants. Attorney General of the State of New York, Intervenor.

United States Court of Appeals, Second Circuit.

Decided July 21, 1988.

Attorney(s) appearing for the Case

Edward F.X. Hart (Peter L. Zimroth, Corp. Counsel of the City of New York, Leonard Koerner, of counsel), for appellant Board of Educ.

Kevin McGill, Clifton Budd Burke DeMaria, New York City (Carlyle M. Dunaway, Jr., Clifton Budd Burke & DeMaria, Robert K. Skolrood, Douglas W. Davis, Paul S. McConnell, The National Legal Foundation, Virginia Beach, Va., Curtis & Shain, Massapequa, N.Y., of counsel), for appellee Deeper Life Christian Fellowship, Inc.

Marion R. Buchbinder, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of N.Y., Lawrence S. Kahn, Deputy Sol. Gen., of counsel), for intervenor.

Stanley Geller, New York City, for amicus curiae Committee for Public Educ. and Religious Liberty.

Before LUMBARD, OAKES, and KEARSE, Circuit Judges.

OAKES, Circuit Judge:

This case presents a conflict between the free speech and establishment of religion clauses of the First Amendment. Appellee, Deeper Life Christian Fellowship, Inc. ("Deeper Life"), a New York religious corporation, argues that denying it the use of a public elementary school building during nonschool hours is unconstitutional content-based regulation of speech. Appellants, the New York City Board of Education and the local school board, on the...

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