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U.S. v. GOLDIN

Nos. 01-1440, 01-1442, 01-1443, 01-1445 and 01-1446.

311 F.3d 191 (2002)

UNITED STATES OF AMERICA v. Frances GOLDIN, Appellant No. 01-1440 (D.C. No. 00-m-00139) United States of America v. Jane Jackson, Appellant No. 01-1442 (D.C. No. 00-m-00250) United States of America v. Marcey Gayer, Appellant No. 01-1443 (D.C. No. 00-m-00251) United States of America v. Charles Kissinger, Appellant No. 01-1445 (D.C. No. 00-m-00253) United States of America v. Mitchel Cohen, Appellant No. 01-1446 (D.C. No. 00-m-00361)

United States Court of Appeals, Third Circuit.

Filed July 24, 2002.

Attorney(s) appearing for the Case

Andrew F. Erba, Williams, Cuker & Berezofsky, Philadelphia, PA, for Appellant, Jane Jackson.

Aaron Frishberg, New York, NY, for Appellant, Marcey Gayer.

Peter Goldberger (Argued), Ardmore, PA, for Appellant, Mitchel Cohen and Lead Appellate Counsel for Consolidated Defendants-Appellants.

Ronald L. Kuby, New York, NY, for Appellant, Charles Kissinger.

Jordan B. Yeager, Boockvar & Yeager, Bethlehem, PA, for Appellant, Frances Goldin.

Stefan Presser, American Civil Liberties Union, Philadelphia, PA, for Amicus-appellant, ACLU PA.

Patrick L. Meehan, United States Attorney, Richard W. Goldberg (Argued), Asst. United States Attorney, Philadelphia, PA, for Appellee, United States of America.

Before McKEE, STAPLETON and WALLACE, Circuit Judges.

OPINION OF THE COURT

WALLACE, Circuit Judge.

Goldin, Jackson, Gayer, Kissinger and Cohen (Protesters) participated in a protest at the Liberty Bell Pavillion (Pavillion) in Independence National Historic Park on July 3, 1999, one of the busiest days of the year at the park. The protest got out of control and Park Rangers moved in to restore order. Protesters were arrested for refusing to obey the lawful order of a Park Ranger in violation of 36 C.F.R. &...

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