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GALVIN v. HAY

No. 00-17425.

361 F.3d 1134 (2004)

Bernie GALVIN, Sister; Ken Butigan; Jeff Johnson, Rev.; Karen Oliveto, Rev., for themselves and others similarly situated, as a Class, Plaintiffs-Appellants, v. Kevin HAY, Lieut.; Hugh Irwin, Major of the United States Park Police, and the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2004.

Attorney(s) appearing for the Case

Dennis Cunningham, San Francisco, CA, for the plaintiffs-appellants.

Robert M. Loeb and Douglas Hallward-Driemeier, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for the defendants-appellees.

Before HUG, JR. and BERZON, Circuit Judges, and LASNIK, District Judge.

OPINION

BERZON, Circuit Judge.

BACKGROUND

On March 9, 1997, members of the advocacy association Religious Witness with Homeless People (RWHP) conducted a protest at the San Francisco Presidio National Park (the Presidio). The demonstrators opposed a plan by the National Park Service, which administers the Presidio, to tear down 466 units of former army housing at the site, known as the Wherry Housing. The Park Service proposed restoring the area...

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