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CHABAD-LUBAVITCH OF GEORGIA v. MILLER

No. 92-8008.

976 F.2d 1386 (1992)

CHABAD-LUBAVITCH OF GEORGIA, Yossi New, Rabbi, Yossi Lerman, Rabbi, Plaintiffs-Appellants, v. Zell MILLER, Governor of Georgia, Michael J. Bowers, Attorney General of Georgia, Luther Lewis, Acting Director, Georgia Building Authority, Max Cleland, Secretary of State of Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 10, 1992.

Attorney(s) appearing for the Case

Gerald L. Pouncey, Jr., Morris, Manning & Martin, Atlanta, Ga., Nathan Lewin, Stuart A. Levey, David S. Cohen, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for plaintiffs-appellants.

Ray O. Lerer, Sr., Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before KRAVITCH and COX, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

Appellants are a Jewish organization and two rabbis who were denied permission by the State of Georgia to display a Chanukah menorah in the State Capitol Rotunda for the eight-day Chanukah observance in 1991. The district court granted summary judgment in favor of the State, based on its conclusion that by permitting the display in the Rotunda the State would send an impermissible message of the State's endorsement of religion in violation of the Establishment...

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