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LUBAVITCH CHABAD HOUSE, INC. v. CITY OF CHICAGO

No. 90-1188.

917 F.2d 341 (1990)

LUBAVITCH CHABAD HOUSE, INCORPORATED, a not-for-profit corporation, chartered pursuant to the laws of the State of Illinois, Plaintiff-Appellant, v. CITY OF CHICAGO, an Illinois municipal corporation and Richard M. Daley, individually and as Mayor of the City of Chicago, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 1990.

Attorney(s) appearing for the Case

Gary Sternberg, Sternberg & Associates, Y. Judd Azulay, Azulay & Azulay, Chicago, Ill., for plaintiff-appellant.

Ruth M. Moscovitch, Asst. Corp. Counsel, Office of Corp. Counsel, Appeals Div., L. Anita Richardson, Corp. Counsel, Jean Dobrer and Kelly R. Welsh, Asst. Corp. Counsel, Terence J. Moran, Eileen Brewer, Office of Corp. Counsel, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, and COFFEY and KANNE, Circuit Judges.

COFFEY, Circuit Judge.

The district court dismissed Lubavitch Chabad House, Inc.'s1 (Lubavitch) cause of action seeking to require the City of Chicago to allow Lubavitch to display a free-standing Chanukah menorah structure at O'Hare International Airport (O'Hare) in a public area at Christmas time. Lubavitch appeals. We affirm the order of the district court.

I. FACTS

Every Christmas season the City of Chicago decorates...

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