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GENTALA v. CITY OF TUCSON

Nos. 97-17062, 97-17069.

244 F.3d 1065 (2001)

Patricia E. GENTALA and Robert A. Gentala, Plaintiffs-Appellants-Cross-Appellees, v. The CITY OF TUCSON, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 30, 2001.

Attorney(s) appearing for the Case

Kevin H. Theriot, Lawrenceville, Georgia, for the plaintiffs-appellants-cross-appellees.

Merle Turchik, Deputy City Attorney, Tucson, Arizona, for the defendant-appellee-cross-appellant.

Before: MARY M. SChROEDER, Chief Judge, FERDINAND F. FERNANDEZ, THOMAS G. NELSON, ANDREW J. KLEINFELD, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET McKEOWN, KIM McLANE WARDLAW, WILLIAM A. FLETCHER, RONALD M. GOULD, and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted En Banc September 19, 2000, San Francisco, California.

Opinion by Judge BERZON; Dissent by Judge FERNANDEZ; Dissent by Judge KLEINFELD.

BERZON, Circuit Judge:

The pivotal question in this case is whether a city may, using tax funds and public employees, provide stage lighting, sound, and other special-event services for a sectarian religious organization's prayer service held in the bandshell of a public park. The City of Tucson...

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