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NATIVE AMERICAN CHURCH OF NEW YORK v. U. S.

No. 78 Civ. 1217(MP).

468 F.Supp. 1247 (1979)

NATIVE AMERICAN CHURCH OF NEW YORK, Alan Birnbaum, Minister and Custodian, Plaintiffs, v. UNITED STATES of America, Griffin Bell, Attorney General, Defendants.

United States District Court, S. D. New York.

April 17, 1979.

Attorney(s) appearing for the Case

Alan Birnbaum pro se.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., by Marjorie A. Silver, Sp. Asst. U. S. Atty., New York City, for defendants.

OPINION

POLLACK, District Judge.

Cross-motions for summary judgment are before the Court in pursuance of Federal Rule of Civil Procedure 56. For the reasons appearing hereafter, the motion of the plaintiffs will be denied and the motion of the defendants will be granted in part and denied in part. The only issue which survives for trial is the question of whether the Native American Church of New York is a bona fide religious organization intending to use...

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