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CHRISTIAN SCIENCE READING ROOM JOINTLY MAINTAINED v. CITY AND COUNTY OF SAN FRANCISCO

Nos. 84-2076, 84-2415.

792 F.2d 124 (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.

Decided June 16, 1986.

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 opinion in this case, filed March 14, 1986, 784 F.2d 1010, is amended as follows:

784 F.2d at 1013 (left-hand column); slip op. at 9: delete "We are not bound ... (1975)." and replace with:

In considering the Airport's policy "we may consider purposes advanced by counsel for the [government] or suggested initially by ourselves," as long as "we are careful not to attribute to the [government] purposes...

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