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ACLU-NJ v. TOWNSHIP OF WALL

No. 00-2075.

246 F.3d 258 (2001)

ACLU-NJ, American Civil Liberties Union of New Jersey, on Behalf of its Members, Eleanor Miller; Randy Miller, v. TOWNSHIP OF WALL, ACLU-NJ, American Civil Liberties Union of New Jersey; Eleanor Miller; Randy Miller, Appellants.

United States Court of Appeals, Third Circuit.

April 3, 2001.

Attorney(s) appearing for the Case

Lewis H. Robertson, 231 Maple Ave., Post Office Box Y, Red Bank, N.J. 07701, RONALD K. CHEN, (Argued), Rutgers University, Constitutional Litigation Clinic, 123 Washington St., Newark, N.J. 17102, Counsel for Appellants.

KEVIN H. HASSON, (Argued), The Becket Fund for Religious Liberty, 1350 Connecticut Ave., N.W., Suite 605, Washington, DC, 20036, BETH POLLACK, McLaughlin Bennett Gelson & Cramer, 1305 Campus Parkway Monmouth Shores Corporate Park, Neptune, N.J. 07753-6819, Counsel for Appellees.

BEFORE: NYGAARD, ALITO and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from a District Court decision holding that a holiday display exhibited by Wall Township, New Jersey, did not violate the Establishment Clause of the First Amendment. We hold that the plaintiffs lack standing under Article III to challenge the display to which they now object, and we therefore vacate the decision of the District Court and remand for dismissal of the complaint.

I.

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