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CHRISTIAN SCIENCE READING v. CITY OF SAN FRANCISCO

Nos. 84-2076, 84-2415.

807 F.2d 1466 (1986)

CHRISTIAN SCIENCE READING ROOM JOINTLY MAINTAINED, a California non-profit religious corporation, and David M. Sacks, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; Airports Commission of the City and County of San Francisco; Morris Bernstein, J. Edward Fleishell, Ruth E. Kadish, Z.L. Goosby, and William K. Coblentz as members of the Airports Commission of the City and County of San Francisco; and Louis A. Turpen, as Director of Airports of the City and County of San Francisco, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Dissenting Opinion January 14, 1987.

Attorney(s) appearing for the Case

Richard E. Levine, Fenwick, Stone, Davis & West, Palo Alto, Cal., for plaintiffs-appellees.

Diane L. Herman, Dist. Co. Atty., San Francisco, Cal., for defendants-appellants.

Before SKOPIL, REINHARDT, and HALL, Circuit Judges.

ORDER

The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for en banc rehearing, and an active judge called for a vote on whether to rehear the case en banc. A majority of the active judges did not vote for en banc consideration. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected.

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