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CITIZENS CONCERNED, ETC. v. CITY & CTY. OF DENVER

No. 79-2303.

628 F.2d 1289 (1980)

CITIZENS CONCERNED FOR SEPARATION OF CHURCH AND STATE, Plaintiff-Appellee, v. The CITY AND COUNTY OF DENVER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 4, 1980.

Attorney(s) appearing for the Case

Jonathon B. Chase, American Civil Liberties Union Foundation of Colorado, Inc., Boulder, Colo. (Daniel H. Israel of Dechert, Price & Rhoads, Denver, Colo., with him on brief), for plaintiff-appellee.

Stan M. Sharoff, Asst. City Atty., Denver, Colo. (Max P. Zall, City Atty., Brian H. Goral and Stanley Ereckson, Jr., Asst. City Attys., Denver, Colo., with him on brief), for defendant-appellant.

Marc D. Stern, New York City, filed an amicus curiae brief for American Jewish Congress.

Mark M. Wolfe, Denver, Colo., filed an amicus curiae brief for National Organization for Our American Heritage.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

The City and County of Denver (City) appeals from a judgment entered December 17, 1979, in favor of Citizens Concerned for Separation of Church and State (Citizens) enjoining the inclusion of the Nativity Scene in the Christmas display at the Denver City and County Building, ordering its removal within forty-eight hours, and awarding plaintiff costs and attorney's fees.

Litigative Background

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