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JEWISH WAR VETERANS OF U.S. v. U.S.

Civ. A. No. 87-1561.

695 F.Supp. 3 (1988)

JEWISH WAR VETERANS OF the UNITED STATES of America, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, District of Columbia.

August 30, 1988.

Attorney(s) appearing for the Case

Ronald J. Koerner, Rose & Koerner, Brooklyn, N.Y., Stanley H. Tashoff, Gaithersburg, Md., for plaintiffs.

Frederick M. Morgan, Jr., Vincent M. Garvey, Elisa B. Vela, U.S. Dept. of Justice, Civ. Div., Washington, D.C., Lt. Col. Keith Sexton, Judge Advocate Div., U.S. Marine Corps, Arlington, Va., for defendants.

MEMORANDUM OPINION

THOMAS F. HOGAN, District Judge.

Plaintiffs challenge the constitutionality of a Latin cross, 65 feet tall and brightly lit each night, serving as a war memorial at Camp H.M. Smith, a United States Marine Corps base in Hawaii. Unfortunately, the government's choice of the principal and universally recognized symbol of Christianity to achieve a secular goal cannot withstand Establishment Clause scrutiny in this instance. Accordingly, under...

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