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GRENDEL'S DEN, INC. v. GOODWIN

Nos. 80-1653, 80-1654.

662 F.2d 102 (1981)

GRENDEL'S DEN, INC., Plaintiff, Appellee, v. Herbert N. GOODWIN, et al., Defendants, Appellees, Cambridge License Commission, et al., Defendants, Appellants. GRENDEL'S DEN, INC., Plaintiff, Appellee, v. Herbert N. GOODWIN, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 28, 1981.

January 11, 1982.

Attorney(s) appearing for the Case

Gerald J. Caruso, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Thomas Miller, Asst. Atty. Gen., Boston, Mass., were on brief, for Goodwin, et al.

Birge Albright, Boston, Mass., Sp. Counsel for the City of Cambridge, with whom Russell B. Higley, City Sol. and David B. O'Connor, Legal Counsel, Cambridge Law Department, Cambridge, Mass., were on brief, for Cambridge License Commission, et al.

Laurence H. Tribe, Cambridge, Mass., with whom David Rosenberg and Ira Karasick, Cambridge, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

Probable Jurisdiction Noted January 11, 1982. See 102 S.Ct. 996.

COFFIN, Chief Judge.

In this appeal, now being considered en banc, we determine whether a state, consistent with the establishment clause, may provide that premises shall not be licensed for the sale of liquor if a nearby church — defined as "a church — or synagogue building dedicated to divine worship" — or school objects.

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