O'HAIR v. ANDRUS

No. 79-2170.

613 F.2d 931 (1979)

Madalyn Murray O'HAIR and Jon Garth Murray, Appellants, v. Cecil ANDRUS, Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

As Amended November 14, 1979.


Attorney(s) appearing for the Case

Joel D. Joseph and Jeffrey Hiller, Washington, D. C., for appellants.

R. Craig Lawrence, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., John A. Terry and Royce C. Lamberth, Asst. U. S. Attys., Washington, D. C., were on the opposition to motion for injunction for appellees, Andrus, Secretary of Interior, et al.

Stephen A. Trimble, Washington, D. C., with whom John L. Hamilton, Washington, D. C., was on the opposition to motion for injunction for appellee, William Cardinal Baum.

Ralph J. Temple and John W. Karr, Washington, D. C., were on the pleadings for amicus curiae, American Civil Liberties Union, urging affirmance.

Walter Carson, Washington, D. C., was on the pleading for amicus curiae, Americans United Fund, urging affirmance.

Before LEVENTHAL, MacKINNON and WALD, Circuit Judges.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

Concurring opinion filed by Circuit Judge MacKINNON.

LEVENTHAL, Circuit Judge:

Appellants-plaintiffs have moved for an injunction pending appeal, one that would restrain the celebration of the Mass by Pope John Paul II on the National Mall on Sunday, October 7, 1979. The Mall is Government property, a park area extending from the Lincoln Memorial to the Capitol Building in Washington, D. C. Alternatively...

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