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LUBAVITCH OF IOWA, INC. v. WALTERS

Civ. No. 86-901-B.

684 F.Supp. 610 (1988)

LUBAVITCH OF IOWA, INC. and Moishe B. Kasowitz, Plaintiffs, v. Jack B. WALTERS, Director of General Services of the State of Iowa and the State of Iowa, Defendants.

United States District Court, S.D. Iowa, C.D.

March 24, 1988.

Attorney(s) appearing for the Case

Paul A. Zoss, Burns Davison, II, Des Moines, Iowa, for plaintiffs.

Thomas J. Miller, Atty. Gen., Earl M. Willits, Deputy Atty. Gen., Gordon Allen, Sp. Asst. Atty. Gen., Merle Wilna Fleming, Anne Marie Brick, Asst. Attys. Gen., Des Moines, Iowa, for defendants.

David H. Goldman, Des Moines, Iowa, and Marc Stern, Lois C. Waldman, American Jewish Congress, New York City, for amici curiae Tifereth Israel Synogogue, Congregation B'Nai Jeshurun, Union of American Hebrew Congregation, American Jewish Congress, Cent. Conf. of American Rabbis, and Jewish Federation of Greater Des Moines.

Mark W. Bennett, Staff Counsel, Iowa Civil Liberties Union, Des Moines, Iowa, amicus curiae for defendants.

MEMORANDUM OPINION, RULINGS AND ORDER OF DISMISSAL

VIETOR, Chief Judge.

Plaintiffs' motion for summary judgment and defendants' cross-motion for summary judgment are before the court for rulings.

The issue in this case is whether plaintiffs have a right under the First Amendment to the Constitution of the United States, which applies to the states through the Fourteenth Amendment, to erect a twenty foot high menorah and leave it standing for a number...

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