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GRACE v. BURGER

No. 80-2044.

665 F.2d 1193 (1981)

Mary Terese GRACE, Thaddeus Zywicki, Appellants, v. Warren E. BURGER, Chief Justice of the United States Supreme Court, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1981.

As Amended September 22, 1981.

Attorney(s) appearing for the Case

R. Craig Lawrence, Asst. U. S. Atty., Washington, D.C., with whom Charles F. C. Ruff, U. S. Atty., Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., Washington, D.C., were on brief, for appellees.

Sebastian K. D. Graber, Alexandria, Va., for appellants.

Before MacKINNON, EDWARDS and GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge EDWARDS.

Separate statement by Circuit Judge MacKINNON, dissenting in part and concurring in part.

HARRY T. EDWARDS, Circuit Judge:

In this case, appellants challenge the constitutionality of 40 U.S.C. § 13k, which declares:

It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device...

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