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PEOPLE FOR THE ETHICAL TREAT., ANIMALS v. GITTENS

No. 03-7195.

414 F.3d 23 (2005)

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., Appellee v. Anthony GITTENS, Executive Director, District of Columbia Commission on the Arts and Humanities, and District of Columbia, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2005.

Attorney(s) appearing for the Case

Donna M. Murasky, Senior Litigation Counsel, Office of the Attorney General for the District of Columbia, argued the cause for appellants. With her on the briefs were Robert J. Spagnoletti, Attorney General, and Edward E. Schwab, Deputy Attorney General.

Arthur B. Spitzer argued the cause for appellee. With him on the brief was Fritz Mulhauser.

Before: GINSBURG, Chief Judge; RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH. Concurring opinion filed by Circuit Judge ROGERS.

RANDOLPH, Circuit Judge.

We remanded the record because it was uncertain whether the First Amendment issue in this case was moot. 396 F.3d 416 (D.C.Cir.2005). On remand, the district court ruled that its $4,000 award to the People for the Ethical Treatment of Animals, Inc. — PETA — represented damages for...

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