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LYNCH v. DONNELLY

No. 82-1256.

465 U.S. 668 (1984)

104 S.Ct. 1355

79 L.Ed.2d 604

LYNCH, MAYOR OF PAWTUCKET, ET AL. v. DONNELLY, ET AL.

Supreme Court of United States.

Decided March 5, 1984

Attorney(s) appearing for the Case

William F. McMahon argued the cause for petitioners. With him on the briefs were Richard P. McMahon and Spencer W. Viner.

Solicitor General Lee argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General McGrath, Deputy Solicitor General Bator, Deputy Assistant Attorney General Kuhl, and Kathryn A. Oberly.

Amato A. DeLuca argued the cause for respondents. With him on the brief were Sandra A. Blanding, Burt Neuborne, E. Richard Larson, and Norman Dorsen.*

Briefs of amici curiae urging affirmance were filed for the American Jewish Committee et al. by Samuel Rabinove; and for the Anti-Defamation League of B'Nai B'rith et al. by Justin J. Finger, Alan Dershowitz, Meyer Eisenberg, Jeffrey P. Sinensky, Nathan Z. Dershowitz, and Marc Stern.

CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether the Establishment Clause of the First Amendment prohibits a municipality from including a creche, or Nativity scene, in its annual Christmas display.

I

Each year, in cooperation with the downtown retail merchants' association, the city of Pawtucket, R. I., erects a Christmas display as part of its observance...

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