MAHONEY v. BABBITT

No. 97-5005.

105 F.3d 1452 (1997)

Patrick J. MAHONEY, Reverend; The Christian Defense Coalition, Appellants v. Bruce BABBITT, In his official capacity as Secretary of the United States Department of the Interior; National Park Service, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1997.


Attorney(s) appearing for the Case

James M. Henderson, Sr., Colby M. May, and Jay Alan Sekulow were on the emergency motion for injunction pending appeal from the denial of preliminary injunction, for appellants.

Eric H. Holder, Jr., United States Attorney, R. Craig Lawrence, and Marina Utgoff Braswell, Assistant United States Attorneys were on the opposition to the emergency motion for injunction pending appeal from the denial of preliminary injunction, for appellees.

Arthur B. Spitzer was on the brief on behalf of the American Civil Liberties Union of the National Capital Area, as amicus curiae.

Before WILLIAMS, SENTELLE and HENDERSON, Circuit Judges.


On Emergency Motion for Injunction Pending Appeal from the Denial of Preliminary Injunction

SENTELLE, Circuit Judge:

This matter came before us pursuant to Rule 8 of the Federal Rules of Appellate Procedure on appellants' motion for an emergency injunction pending their appeal from the denial of a preliminary injunction against the Secretary of the Interior and the National Park Service (collectively "NPS" or "the government"). Appellants sought, originally...

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