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RUPERT v. DIRECTOR, U.S. FISH AND WILDLIFE SERVICE

No. 91-1861.

957 F.2d 32 (1992)

Erwin L. RUPERT, Clergyman, Native American Church of the U.S.A., Plaintiff, Appellant, v. DIRECTOR, UNITED STATES FISH AND WILDLIFE SERVICE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 19, 1992.

Attorney(s) appearing for the Case

Erwin L. Rupert on brief pro se.

Barry M. Hartman, Acting Asst. Atty. Gen., Jacques B. Gelin, Peter Van Tuyn, Katherine W. Hazard, Attys., Dept. of Justice, Environment and Natural Resources Div., Michael Mason, Office of Sol., U.S. Dept. of the Interior, and Robin Lepore, Office of Regional Sol., U.S. Dept. of the Interior, on brief for defendant, appellee.

Before BREYER, Chief Judge, SELYA and CYR, Circuit Judges.

PER CURIAM.

The question in this appeal is whether the federal government can, without violating the Establishment Clause of the First Amendment, (a) prohibit the possession of eagle feathers, but (b) allow members of Native American tribes to use eagle feathers for religious purposes, and (c) refuse to extend that exemption to people who are not Native Americans but who also seek to use eagle feathers for religious purposes. We hold that, under these circumstances...

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