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OLIVIERI v. WARD

No. 1573, Docket 86-7479.

801 F.2d 602 (1986)

Michael J. OLIVIERI, J. Mathew Foreman, Michael Dillinger, Tom Kohler, Richard Ferrara, Edmund W. Trust, Hugh R. Bruce, John D. Edwards, Joseph Brown, Julius J. Spohn, Bernard L. Tansey, Clint Winant, James Doyle, David Lawlor, Jim Cannon, Ned Lynam, Edward Byrne, Michael Conley, Edward Harbur, Robert J. Buel, Christopher Wesolowski, Gary W. Spokes, Dignity-New York, Plaintiffs-Appellees, v. Benjamin WARD, in his official capacity as Police Commissioner of the City of New York, Edward I. Koch, in his official capacity as the Mayor of the City of New York and the New York City Police Department, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 16, 1986.

Attorney(s) appearing for the Case

Stephen J. McGrath, New York City (Frederick A.O. Schwarz, Jr., Leonard Koerner, David Drueding, Jonathan L. Pines, Corp. Counsel, New York City, of counsel), for defendants-appellants.

Ronald K. Chen, New York City (Stuart W. Gold, J. Pope Langstaff, Jennifer J. Raab, New York City, of counsel), for plaintiffs-appellees.

Abby R. Rubenfeld, New York City (Paula L. Ettelbrick, Andrew Dillman, New York City, of counsel), for amicus curiae Lambda Legal Defense and Educ. Fund, Inc.

Before NEWMAN, CARDAMONE, and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

This expedited appeal arises from one aspect of the "Gay Pride Parade" held in Manhattan on Sunday June 29, 1986. Plaintiffs are Dignity-New York, a not-for-profit New York Corporation (Dignity), Michael Olivieri, its president, and 21 other gay Catholic members of Dignity-New York. Defendants are Benjamin Ward, as Police Commissioner of the City of New York, Edward I. Koch, as Mayor of New York, and the New York City Police Department. Plaintiffs...

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