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COMMUNITY FOR CREATIVE NON-VIOLENCE v. KERRIGAN

No. 87-5236.

865 F.2d 382 (1989)

COMMUNITY FOR CREATIVE NON-VIOLENCE, et al., Appellants, v. Frank A. KERRIGAN, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 1989.

Attorney(s) appearing for the Case

John A. Ragosta, with whom Myles V. Lynk and Gerald M. Rosberg were on the brief, for appellants.

Michael L. Martinez, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the brief, for appellees. Michael J. Ryan, Asst. U.S. Atty., also entered an appearance for appellees.

Before EDWARDS and WILLIAMS, Circuit Judges, and REYNOLDS, Senior District Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The dispute in this case arose when the appellants, Community for Creative Non-Violence and their spokesperson, Mitch Snyder, (collectively, "CCNV"), sought to engage in a round-the-clock vigil on the United States Capitol Grounds to protest the plight of the homeless, using a 500-pound clay statue of a man, woman and child huddled over a steam grate. Following...

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