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LIVINGSTON v. EWING

No. 78-1683.

601 F.2d 1110 (1979)

Paul LIVINGSTON and Sara Livingston, Plaintiffs-Appellants, v. George EWING, Individually and as Director of the Museum of New Mexico, Tibo Chavez, Mrs. Walter Mayer, Norris E. Bradbury, Father Benedict Questa, Linda Delgado, Frank Bateman, and Tony Reyna, all Individually and as members of the Board of Regents of the Museum of Santa Fe, Sam Pick, Individually and as Mayor of the City of Santa Fe, and Rudy Miller, Individually and as Chief of Police of the City of Santa Fe, and Joseph Allocca, Dora Battle, Bob Bernardinelli, Jim A. Coriz, Jr., Edward Gonzales, Louis Montano, Michael Runnels and Robert Stuart, Individually and as Council Members of the City of Santa Fe, Defendants-Appellees, and Dennis Anderson et al., Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Emanuel Redfield, New York City, for plaintiffs-appellants.

Jill Z. Cooper, Asst. Atty. Gen., Santa Fe, N.M. (Toney Anaya, Atty. Gen., and Arthur J. Waskey, Asst. Atty. Gen., and Bob D. Barberousse, Santa Fe, N.M., on brief), for defendants-appellees.

Michael P. Gross and Solomon, Roth & Vanamberg, Santa Fe, N.M., for intervenors-appellees.

L. Lamar Parrish of Ussery, Burciaga & Parrish, Albuquerque, N.M., on brief for amicus curiae All Indian Pueblo Council, Inc.

Before McWILLIAMS and DOYLE, Circuit Judges, and MATSCH, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

The question for decision in the above case is whether the policy of the State of New Mexico and that of the City of Santa Fe, which permits the Indians to display and to sell their handcrafted jewelry, arts and crafts on the grounds of the Museum of New Mexico and the Palace of the Governors, and which prohibits any persons other than the Indians from offering for sale handcrafted jewelry and which specifically forbids sales by persons...

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