GILFILLAN v. CITY OF PHILADELPHIA

No. 79-2786.

637 F.2d 924 (1980)

GILFILLAN, Susan Jane B., Rev. Forehand, Mary Anne and Rev. Weider, Walter, Rev. Kopke, Bryan, Smith, Bertha R., Herrman, Herbert S., Bye, Gerard H., Montanaro, Antoinette, Calter, Elizabeth M., Miln, Martha Walker, Fox, Paul H., Schulte, Janice, Intervenors in District Court, v. CITY OF PHILADELPHIA, Mayor Rizzo, Frank L., Managing Director Levinson, Hillel S., City Representative La Sala, Joseph A., Commissioner of Public Property Silver, Robert, City of Philadelphia, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 30, 1980.


Attorney(s) appearing for the Case

Alan J. Davis, City Sol., T. Michael Mather (argued), Chairman, Litigation Dept., Philadelphia, Pa., for appellant City of Philadelphia.

Henry W. Sawyer, III (argued), Edward M. Posner, Drinker, Biddle & Reath, Philadelphia, Pa., for appellees Susan Jane B. Gilfillan and American Civil Liberties Union, Greater Philadelphia Branch.

Earl W. Trent, Jr., Valley Forge, Pa., for appellees Rev. Mary Anne Forehand and National Ministries, American Baptist Churches in the U.S.A.

John T. Acton, Willow Grove, Pa., Lee Boothby (argued), Berrien Springs, Mich., for intervenors.

Before ALDISERT, ROSENN and GARTH, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

On October 3, 1979, more than a million people came together at Philadelphia, Pennsylvania to hear Pope John Paul II offer Mass and deliver a sermon at the City's Logan Circle. The liturgical service, the largest event during the Pope's two-day visit to Philadelphia, generated an unprecedented outpouring of warmth and good will felt throughout the City for months following. No one disputes that the historic visit...

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