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ALVARADO v. CITY OF SAN JOSE

No. 95-15519.

94 F.3d 1223 (1996)

Raquel ALVARADO; Sylvia Beadleston; Anne Collett; Roger Litwin; Gerry Litwin; Manuel Salazar, Plaintiffs-Appellants, v. CITY OF SAN JOSE, a California Municipal Corporation; Redevelopment Agency of the City of San Jose, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1996.

As Amended September 19, 1996.

Attorney(s) appearing for the Case

J. Thomas Diepenbrock, United States Justice Foundation, Milpitas, California, for plaintiffs-appellants.

Clifford S. Greenberg, Deputy City Attorney, San Jose, California, for defendants-appellees.

Before: T.G. NELSON and TASHIMA, Circuit Judges, and BURNS, District Judge.

T.G. NELSON, Circuit Judge:

Raquel Alvarado ("Alvarado") and others appeal the district court's summary judgment in favor of the City of San Jose and the City Development Agency (collectively, "the City"), in their 42 U.S.C § 1983 action alleging that the City's installation and maintenance of the "Plumed Serpent" sculpture in a city park violated the Establishment Clause of the First Amendment and Articles I § 4 and XVI § 5 of the California Constitution...

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