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KAPLAN v. CITY OF BURLINGTON

Civ. A. No. 88-168.

700 F.Supp. 1315 (1988)

Mark A. KAPLAN, Esquire, Rabbi James S. Glazier, and Reverend Robert E. Senghas, v. CITY OF BURLINGTON, Sidney C. Baker, Superintendent of Parks and Recreation Department, and Robert Whalen, Operations Manager of Parks and Recreation Department.

United States District Court, D. Vermont.

December 9, 1988.

Attorney(s) appearing for the Case

Richard T. Cassidy, Hoff, Wilson, Powell & Lang, Burlington, Vt., for plaintiffs.

John Franco, Asst. City Atty., Burlington, Vt., for defendants.

OPINION AND ORDER

BILLINGS, District Judge.

Plaintiffs initiated this action on June 30, 1988, seeking declaratory and injunctive relief preventing defendants from issuing a "Park Special Use Permit" to the Vermont Organization of Jewish Education-Lubavitch ("Lubavitch") for display of a menorah in City Hall Park in Burlington during Hanukkah. Plaintiffs allege that the City's action violates their rights under the establishment clause of the first amendment...

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