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INTERN. SOC. FOR KRISHNA CONSCIOUSNESS, INC. v. LEE

No. 1082, Docket 89-9182.

925 F.2d 576 (1991)

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC. and John Winslow, on behalf of themselves and all International Society for Krishna Consciousness members, Plaintiffs-Appellees, v. Walter LEE, Superintendent of Port Authority Police, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 8, 1991.

Rehearing and Rehearing Denied April 25, 1991.

Attorney(s) appearing for the Case

Arthur P. Berg, New York City (Joseph Lesser, Philip A. Maurer, Arnold D. Kolikoff, New York, New York, of counsel), for defendant-appellant.

Barry A. Fisher, Los Angeles, Cal. (David Grosz, Robert C. Moest, Fleishman, Fisher & Moest, David M. Liberman, Los Angeles, Cal.; Jeremiah S. Gutman, Eugene N. Harley, Levy, Gutman, Goldberg & Kaplan, New York City, of counsel), for plaintiffs-appellees.

Arthur Eisenberg, Michael Simon, New York City, for amicus curiae New York Civil Liberties Union.

Before OAKES, Chief Judge, and WINTER and MINER, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 25, 1991.

WINTER, Circuit Judge:

Appellant Walter Lee, now deceased, was the official responsible for enforcing a regulation of the Port Authority of New York and New Jersey, the party controlling the defense in the instant matter,1 banning the solicitation of money and distribution of literature within the terminals of three New York area airports. The district court struck down the...

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