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ALLEN v. MORTON

No. 71-1909.

495 F.2d 65 (1973)

Reverend Thomas B. ALLEN et al. v. Rogers C. B. MORTON, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1973.

Attorney(s) appearing for the Case

Warren K. Kaplan, Washington, D. C., with whom Ralph J. Temple and Hope Eastman, Washington, D. C., were on the brief, for appellants.

Edwin E. Huddleson, III, Atty., Dept. of Justice, L. Patrick Gray, III, Washington, D. C., was also on the brief at the time it was filed. Harold H. Titus, Jr., U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellees. Morton Hollander, Atty., Dept. of Justice, John A. Terry, Joseph M. Hannon and Gil Zimmerman, Asst. U. S. Attys., also entered appearances for appellees.

Before TAMM, LEVENTHAL and ROBB, Circuit Judges.

PER CURIAM:

The court is of the view that the judgment must be reversed because the plaintiffs are entitled to a decree enjoining the continuance of the Government's current participation in the Christmas Pageant of Peace, including as it does a membership in planning and organization committees that violates the "entanglement" test of the Establishment clause of the First Amendment. On this point the opinions filed by Judges Tamm and Leventhal are in accord.

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