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NATURIST SOC., INC. v. FILLYAW

No. 90-5481.

958 F.2d 1515 (1992)

The NATURIST SOCIETY, INC., T.A. Wyner, Plaintiffs-Appellants, v. John FILLYAW, individually and as official Park Manager, John D. MacArthur Beach State Park, Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 22, 1992.

Attorney(s) appearing for the Case

James K. Green, Green, Eisenberg & Cohen, West Palm Beach, Fla., Terry E. Allbritton, M. David Gelfand, New Orleans, La., for plaintiffs-appellants.

Martha Corry Olive, Bryant, Miller & Olive, Tallahassee, Fla., for defendant-appellee.

Before HATCHETT and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.

ON PETITION FOR REHEARING

HATCHETT, Circuit Judge:

In this case, we hold that the John D. MacArthur Beach State Park is a public forum and remand the case to the district court for proceedings consistent with our holding.1

BACKGROUND

The Naturist Society, Inc. (Society), a Wisconsin corporation, advocates a "clothing optional" lifestyle and educates the public through...

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