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CONGREGATION LUBAVITCH v. CITY OF CINCINNATI

No. 90-4084.

923 F.2d 458 (1991)

CONGREGATION LUBAVITCH and Rabbi Sholom B. Kalmanson, Plaintiffs-Appellees, v. CITY OF CINCINNATI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1991.

Attorney(s) appearing for the Case

Nathan Lewin, David G. Webbert, Niki Kuckes, David I. Gelfand, Bradford M. Berry, Miller, Cassidy, Larroca & Lewin, Washington, D.C., Norman L. Slutsky, Cincinnati, Ohio, for plaintiffs-appellees.

James F. McCarthy, III, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for defendant-appellant.

Before GUY and BOGGS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

I

BOGGS, Circuit Judge.

Before us is a motion by the City of Cincinnati to stay an injunction by the United States District Court for the Southern District of Ohio, Carl B. Rubin, District Judge, requiring the City to permit Congregation Lubavitch and Rabbi Sholom B. Kalmanson ("Lubavitch") to erect and keep lit a menorah in Fountain Square during the eight days of Chanukah. The series of events that led to the motion before us began on December 7, 1990...

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