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COOPER v. U.S. POSTAL SERVICE

Docket Nos. 07-4825-cv (L), 07-4826-cv (Con).

577 F.3d 479 (2009)

Bertram COOPER, Plaintiff-Appellee, v. U.S. POSTAL SERVICE, John E. Potter, as Postmaster General, Ronald G. Boyne, as Postmaster, Manchester, Connecticut Post Office, Defendants-Appellants, Full Gospel Interdenominational Church Inc., Dr. Philip Saunders Heritage Association, Inc., Sincerely Yours Inc., Intervenors-Defendants-Appellants, Gary Chipman, Kimon Karath, Leslie Strong, Intervenors.

United States Court of Appeals, Second Circuit.

Decided: August 20, 2009.

Attorney(s) appearing for the Case

Jeffrey A. Shafer, Benjamin W. Bull, Jordan W. Lorence, Matthew S. Bowman, Alliance Defense Fund, Washington, D.C., Joseph P. Secola, Secola Law Offices, Brookfield, CT, for Appellant.

Aaron S. Bayer, Kevin M. Smith, Alex J. Glage, Wiggin and Dana LLP, New Haven, CT, Daniel Mach, American Civil Liberties Union Foundation, Washington, D.C., David McGuire, Connecticut Civil Liberties Union Foundation, Hartford, CT, for Appellees.

Murad Hussain, Ronald L. Johnston, Arnold & Porter LLP, Los Angeles, CA, Ayesha N. Khan, Alex J. Luchenitser, Americans United for Separation of Church and State, for Amicus Curiae Americans United for Separation of Church and State.

Jeffrey I. Pasek, Cozen O'Connor, New York, NY, Theodore R. Mann, Jewish Social Policy Action Network, Philadelphia, PA, for Amicus Curiae Jewish Social Policy Action Network.

Steven M. Freeman, Steven C. Sheinberg, Anti-Defamation League, New York, NY, for Amicus Curiae Anti-Defamation League.

Before: JACOBS, Chief Judge, WESLEY, Circuit Judge, and CROTTY, District Judge.

DENNIS JACOBS, Chief Judge:

This case raises an Establishment Clause challenge to religious displays at a contract postal unit operated by a church in Manchester, Connecticut. Contract postal units, or "CPUs," are postal facilities operated by private entities on private property (such as general stores or private homes) pursuant to contracts with the United States Postal Service. Plaintiff Bertram Cooper ("Cooper"), a Manchester...

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