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SKOROS v. CITY OF NEW YORK

Docket No. 04-1229-CV.

437 F.3d 1 (2006)

Andrea SKOROS, individually, and next friend of Nicholas Tine, a minor and Christos Tine, a minor, Plaintiffs-Appellants, v. CITY OF NEW YORK, Joel L. Klein, in his official capacity as Chancellor, New York City Department of Education, and Sonya Lupion, individually, and in her official capacity as Principal, Edith K. Bergtraum School, New York City Department of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 2, 2006.

Attorney(s) appearing for the Case

Robert J. Muise, Thomas More Law Center, Ann Arbor, Michigan, for Plaintiffs-Appellants.

Cheryl Payer (Stephen J. McGrath, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, New York, for Defendants-Appellees.

Troy King, Attorney General; Kevin C. Newsom, Solicitor General; Charles B. Campbell, Assistant Attorney General, State of Alabama, Montgomery, Alabama, Amicus Curiae in support of Plaintiffs-Appellants.

Daniel S. Alter, Steven M. Freeman, David L. Barkey, Anti-Defamation League, New York, New York; Robert G. Sugarman, Todd D. Ommen, Weil, Gotshal & Manges LLP, New York, New York, Amicus Curiae in support of Defendants-Appellees.

Before: FEINBERG, STRAUB, and RAGGI, Circuit Judges.

Judge STRAUB concurs in part and dissents in part in a separate opinion.

RAGGI, Circuit Judge.

No holiday season is complete, at least for the courts, without one or more First Amendment challenges to public holiday displays. At issue in this case is the holiday display policy promulgated by the Department of Education ("DOE") of the defendant City of New York ("City" or "New York") for the City's public elementary and secondary schools. That policy allows...

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