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BARGHOUT v. BUREAU OF KOSHER MEAT AND FOOD CONTROL

No. 94-1918.

66 F.3d 1337 (1995)

George BARGHOUT, Plaintiff-Appellee, v. BUREAU OF KOSHER MEAT AND FOOD CONTROL; Mayor and City Council of Baltimore; Mayer Kurefeld, Rabbi, Defendants-Appellants, and Joseph Nelkin, Chairman; Joseph Robison, Individually and in official capacity as Mayor of Laurel, Defendants. The National Jewish Commission on Law and Public Policy, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1995.

Attorney(s) appearing for the Case

ARGUED: Burton Harry Levin, Assistant Solicitor, Baltimore, Maryland, for Appellants. Ronald Kevin Chen, Rutgers Constitutional Litigation Clinic, Rutgers Law School, Newark, New Jersey, for Appellee. ON BRIEF: Neal M. Janey, City Solicitor, Baltimore, Maryland, for Appellants. Susan Goering, American Civil Liberties Union of Maryland, Baltimore, Maryland, for Appellee. Nathan Lewin, Stuart Levey, Miller, Cassidy, Larroca & Lewin, Washington, D.C.; Dennis Rapps, National Jewish Commission On Law and Public Affairs, New York City, for Amicus Curiae.

Before WILKINS and LUTTIG, Circuit Judges, and LAY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge LAY filed an opinion, in which Judge WILKINS concurs. Judge LUTTIG filed an opinion concurring in the judgment, in which Judge WILKINS concurs. Judge WILKINS filed a concurring opinion.

OPINION

LAY, Senior Circuit Judge:

The question before us is whether a Baltimore municipal ordinance prohibiting the fraudulent sale of kosher food violates the Establishment Clause of the First Amendment.

BACKGROUND...

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