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GENTALA v. CITY OF TUCSON

Nos. 97-17062, 97-17069.

213 F.3d 1055 (2000)

Patricia E. GENTALA; Robert A. Gentala, Plaintiffs-Appellants-Cross-Appellees, v. CITY OF TUCSON, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2000.

Attorney(s) appearing for the Case

Kevin H. Theriot, American Center for Law and Justice, Lawrenceville, Georgia, for the plaintiffs-appellants-cross-appellees.

Thomas J. Berning, City Attorney, Tuscon, Arizona, for the defendant-appellee-cross-appellant.

Before: SNEED and PREGERSON, Circuit Judges; CARTER, District Judge.

Opinion by Judge CARTER; Dissent by Judge PREGERSON.

CARTER, District Judge:

These appeals require us to navigate carefully the shoal-infested channel between the Scylla of the First Amendment's Free Speech Clause and the Charybdis of the First Amendment's Establishment Clause. In attempting this task, we are fully cognizant of Justice O'Connor's observation when engaged in a similar judicial endeavor: "Reliance on categorical platitudes is unavailing. Resolution...

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