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CH. OF SCIENTOLOGY F.S.O. v. CITY OF CLEARWATER

Nos. 84-3232, 84-3236, 84-3543 to 84-3546, 84-3574 and 84-3575.

777 F.2d 598 (1985)

CHURCH OF SCIENTOLOGY FLAG SERVICE ORG., INC., Plaintiff-Appellee, v. CITY OF CLEARWATER, et al., Defendants-Appellants. AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, et al., Plaintiffs-Appellees, v. CITY OF CLEARWATER, FLORIDA, etc., et al., Defendants-Appellants. CHURCH OF SCIENTOLOGY FLAG SERVICE ORG., INC., Plaintiff-Appellant, v. CITY OF CLEARWATER, et al., Defendants-Appellees. AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, et al., Plaintiffs-Appellants, v. CITY OF CLEARWATER, FLORIDA, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 13, 1985.

Attorney(s) appearing for the Case

Lawrence R. Velvel, Rockville, Md., Alan S. Zimmet, City Atty's. Office, Clearwater, Fla., for City of Clearwater.

Eric M. Lieberman, New York, N.Y., Paul B. Johnson, Tampa, Fla., for Church of Scientology Flag Service Org., Inc.

Lee Boothby, Berrien Springs, Mich., Frank M. Palmour, Maitland, Fla., for Americans United for Separation of Church and State, et al.

James R. Wolf, Gen. Counsel, Harry Morrison, Jr., Asst. Gen. Counsel, Tallahassee, Fla., for amicus Fla. League of Cities.

Before TJOFLAT and KRAVITCH, Circuit Judges, and DUMBAULD, District Judge.

TJOFLAT, Circuit Judge:

These consolidated appeals involve challenges brought by two separate plaintiff groups to the constitutionality of a repealed City of Clearwater, Florida ordinance and its successor ordinance, both of which regulated charitable solicitation.1 The district court declared the first ordinance unconstitutional and permanently enjoined its enforcement. The district court declared the second ordinance facially constitutional...

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