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GAUDIYA VAISHNAVA SOC. v. CITY OF SAN FRANCISCO

No. 88-1904.

952 F.2d 1059 (1990)

GAUDIYA VAISHNAVA SOCIETY, a California religious non-profit corporation, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1990.

As Amended on Denial of Rehearing and Rehearing December 26, 1991.

Attorney(s) appearing for the Case

Burk E. Delventhal, Deputy City Atty., San Francisco, Cal., for defendant-appellant.

Robert C. Moest, Fleishman, Fisher & Moest, Los Angeles, Cal., for plaintiff-appellee.

Before BRUNETTI and NOONAN, Circuit Judges, and HUPP, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc December 26, 1991.

ORDER AND AMENDED OPINION

BRUNETTI, Circuit Judge:

This action challenges the constitutionality of an ordinance which regulates the sale of merchandise on public sidewalks by nonprofit groups. The district court concluded that the ordinance violated the nonprofits' First Amendment rights and enjoined its enforcement insofar as it prohibits the sale by nonprofit organizations...

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