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AMERICAN CIVIL LIBERTIES UNION v. WILKINSON

Nos. 89-5049, 89-5258.

895 F.2d 1098 (1990)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY, et al., Plaintiffs-Appellants, v. Wallace G. WILKINSON, Governor of Kentucky, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 8, 1990.

Rehearing and Rehearing Denied April 17, 1990.

Attorney(s) appearing for the Case

David A. Friedman (argued), American Civil Liberties Union of Kentucky, Louisville, Ky., for plaintiffs-appellants.

J. Patrick Abell, Gen. Counsel (argued), Kevin Hable, Office of the Governor, Frankfort, Ky., for defendant-appellee.

Before WELLFORD and NELSON, Circuit Judges, and SUHRHEINRICH, District Judge.

Rehearing and Rehearing En Banc Denied April 17, 1990.

DAVID A. NELSON, Circuit Judge.

During the 1988 Christmas holiday season, the Commonwealth of Kentucky erected a rustic stable on the grounds of the state capitol in Frankfort. The stable was furnished with a manger, two large pottery jugs, a ladder, railings, and some straw, but not with the figurines or statues commonly found in a creche.

On at least three occasions, church groups were permitted...

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