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ACLU v. SCHUNDLER

Nos. 95-5865, 95-5866 and 96-5023.

104 F.3d 1435 (1997)

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, on behalf of its members; Robert Lander; Adam Jacobs; Joel Solow; and Ann Sorrel v. Bret SCHUNDLER, in his official capacity as Mayor of the City of Jersey City, New Jersey; The City Council of Jersey City, New Jersey; City of Jersey City, New Jersey, Bret Schundler, the City Council of Jersey City, and the City of Jersey City, New Jersey, AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, on behalf of its members; Robert Lander; Adam Jacobs; Joel Solow; and Ann Sorrel v. Bret SCHUNDLER, in his official capacity as Mayor of the City of Jersey City, New Jersey; The City Council of Jersey City, New Jersey; City of Jersey City, New Jersey.

United States Court of Appeals, Third Circuit.

Decided January 13, 1997.

Attorney(s) appearing for the Case

Kevin J. Hasson (argued), The Becket Fund for Religious Liberty, Washington, DC, for Bret Schundler, the City Council of Jersey City, New Jersey, and the City of Jersey City, New Jersey.

Ronald K. Chen, Rutgers Constitutional Litigation Clinic, David R. Rocah (argued), American Civil Liberties Union, Newark, NJ, for American Civil Liberties Union of New Jersey, Robert Lander, Adam Jacobs, Joel Solow and Ann Sorrel.

Before NYGAARD, LEWIS and McKEE, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

Toward the end of each calendar year, people around the world celebrate what has come to be known as "the holiday season." Some do so by adorning their lawns with various religious or secular ornaments, which are usually intended to convey an individual's interpretation of the holiday season. Thus, while some may subtly express an acknowledgement of the season through a lighted tree or a candle in a window, others...

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