AMERICAN CIVIL LIBERTIES UNION, GREATER PITTSBURGH CHAPTER, Ellen Doyle, Michael Antol, Reverend Wendy L. Colby, Howard Elbling, Hilary Spatz Levine, Max A. Levine and Malik Tunador
v.
COUNTY OF ALLEGHENY, a political subdivision of the Commonwealth of Pennsylvania and the City of Pittsburgh, a political subdivision of the Commonwealth of Pennsylvania, Chabad, Intervenor.
Appeal of AMERICAN CIVIL LIBERTIES UNION, Greater Pittsburgh Chapter, Ellen Doyle, Michael Antol, Reverend Wendy L. Colby, Howard Elbling, Hilary Spatz Levine, Max A. Levine, Appellants No. 87-3395.
Appeal of Malik TUNADOR, Appellant No. 87-3436.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 20, 1988.
Decided March 15, 1988.
As Amended April 7, 1988.
Rehearing and Rehearing Denied April 19, 1988.
Attorney(s) appearing for the Case
Roslyn M. Litman (argued), James B. Lieber, Litman, Litman, Harris, Brown and Watzman, P.C., Jon Pushinsky (argued), Pushinsky and Rosenfield, Pittsburgh, Pa., for appellants American Civ. Liberties Union, Greater Pittsburgh Chapter, Ellen Doyle, Michael Antol, Reverend Wendy L. Colby, Howard Elbling, Hilary Spatz Levine and Max A. Levine in No. 87-3395.
Arlene Fickler, Hoyle, Morris and Kerr, Philadelphia, Pa., for amicus curiae American Jewish Congress in No. 87-3395.
Nathan Lewin (argued), Miller, Cassidy, Larroca & Lewis, Washington, D.C., Charles H. Saul, Pittsburgh, Pa., for appellee Chabad.
S. Asher Winikoff, Jones, Gregg, Gregg, Creehan & Gerace, Pittsburgh, Pa., Ruti Teitel, Justin L. Finger, Jeffrey P. Sinensky, Michael Schultz, Michael Eisenberg, Anti-Defamation League, New York City, for appellant Malik Tunador in No. 87-3436.
George M. Janocsko (argued), Second Asst. Sol., Robert L. McTiernan, Asst. Sol., Allegheny County Law Dept., Pittsburgh, Pa., for appellee Allegheny County.
George R. Spector (argued), Deputy City Sol., D.R. Pellegrini, City Sol., City of Pittsburgh, Dept. of Law, Pittsburgh, Pa., for appellee City of Pittsburgh.
Before GIBBONS, Chief Judge, and WEIS and GREENBERG, Circuit Judges.
United States Court of Appeals, Third Circuit.
Rehearing and Rehearing In Banc Denied April 19, 1988.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
This action was commenced on December 10, 1986 by plaintiffs American Civil Liberties Union, Greater Pittsburgh Chapter, and certain individuals against Allegheny County and the City of Pittsburgh, political subdivisions of the Commonwealth of Pennsylvania. In general, plaintiffs alleged that the county had unlawfully permitted the erection of a...
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