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ACLU OF NEW JERSEY EX REL. LANDER v. SCHUNDLER

No. 98-5021.

168 F.3d 92 (1999)

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, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Kevin J. Hasson (Argued), Eric W. Treene, The Becket Fund for Religious Liberty, Washington, D.C., for appellants.

Nathan Lewin, Richard W. Garnett (Argued), Miller, Cassidy, Larroca & Lewin, Washington, D.C., for Chabad of Pittsburgh as Amicus Curiae in Support of defendants-appellants.

Ronald K. Chen (Argued), Rutgers Constitutional Litigation Clinic, Rutgers Law School, Newark, NJ, for appellee.

Before: NYGAARD, ALITO, and RENDELL, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

This appeal concerns the constitutionality of two Jersey City "holiday" displays. The first, which featured a menorah and a Christmas tree, was annually placed in front of City Hall for several decades. In 1995, the District Court permanently enjoined the City from continuing the practice of erecting this or any substantially similar display, see ACLU of N.J. v. Schundler...

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