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ALLEN v. HICKEL

No. 23544.

424 F.2d 944 (1970)

Reversed Thomas B. ALLEN et al., Appellants, v. Walter HICKEL, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 10, 1970.

Attorney(s) appearing for the Case

Mr. Warren K. Kaplan, with whom Messrs. Ralph J. Temple and Lawrence Speiser, Washington, D. C., were on the brief, for appellants.

Mr. Gil Zimmerman, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Joseph M. Hannon, Asst. U. S. Attys., were on the brief, for appellees.

Mr. Joel H. Levy, Washington, D. C., filed a brief on behalf of The American Jewish Congress, as amicus curiae.

Before TAMM, LEVENTHAL and ROBB, Circuit Judges.

LEVENTHAL, Circuit Judge:

On December 15, 1969, the President, following a tradition established in 1923 by President Harding, threw a switch lighting the National Christmas Tree. The tree was located in the Ellipse (an elliptically shaped park across the street from the White House). Nearby were 57 other lighted and decorated Christmas trees representing the 50 states and seven of the territories of the United States. Also present were reindeer, a burning Yule log...

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