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DONNELLY v. LYNCH

No. 81-1856.

691 F.2d 1029 (1982)

Daniel DONNELLY, et al., Plaintiffs-Appellees, v. Dennis M. LYNCH, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided November 3, 1982.

Attorney(s) appearing for the Case

William F. McMahon, Providence, R.I., with whom Spencer W. Viner, City Sol., was on brief, for defendants, appellants.

Sandra A. Blanding, Warwick, R.I., with whom Amato A. DeLuca, Warwick, R.I., Pawtucket, R.I., was on brief, for plaintiffs, appellants.

Kenneth A. Sweder, Daniel D. Levenson, Gerald A. Berlin, Herbert H. Hershfang, Alexandra Moses, Alan Dershowitz, Leonard Zakim, Carl Axelrod, Susan Estrich, and Clayton Gillette, Boston, Mass., on brief for amici curiae, The Anti-Defamation League of B'nai B'rith and the American Jewish Congress New England Region.

Before CAMPBELL and BOWNES, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

The question is whether the City of Pawtucket's ownership and use of a life-sized Christian nativity scene as part of a city-sponsored outdoor Christmas display situated on private property violates the Establishment Clause of the First Amendment. The district court held that it does and permanently enjoined the City from continuing the practice. We affirm that determination.

The relevant facts and the arguments of the parties...

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