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MURPHY v. BILBRAY

Civ. Nos. 90-0134 GT, 89-0820 GT and 90-0135 GT.

782 F.Supp. 1420 (1991)

John MURPHY, Plaintiff, v. Brian BILBRAY, George Bailey, Susan Golding, Leon Williams and John MacDonald, in their official capacities as members of San Diego County Board of Supervisors and the County of San Diego, Defendants. Philip K. PAULSON, Howard Kreisner and the Society of Separationists, Inc., Plaintiffs, v. CITY OF SAN DIEGO, CALIFORNIA, Defendant. James ELLIS, Plaintiff, v. CITY OF LA MESA, et al., Defendants.

United States District Court, S.D. California.

December 3, 1991.

Attorney(s) appearing for the Case

Dan Bacal, Law Offices of Dan Bacal, El Cajon, Cal., Betty Wheeler, ACLU Foundation of San Diego and Imperial Counties, San Diego, Cal., for plaintiff John Murphy.

Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy County Counsel, Michael B. Poynor, Deputy County Counsel, Donal M. Hill, Deputy County Counsel, County of San Diego, Cal., for defendants Brian Bilbray, et al.

A.R. Robbins, Robbins & Keehn, San Diego, Cal., amicus curiae (appearing in support of defendants).

Philip K. Paulson, pro se.

Howard T. Kreisner, San Diego, Cal., for plaintiffs Philip K. Paulson, et al.

John W. Witt, City Atty., John M. Kaheny, Asst. City Atty., Ted Bromfield, Chief Deputy City Atty., Mary Kay Jackson, Deputy City Atty., San Diego, Cal., for defendant City of San Diego, Cal.

Michael Crowley, Betty Wheeler, ACLU Foundation of San Diego and Imperial Counties, San Diego, Cal., for plaintiff James Ellis.

John S. Meyer, Knutson, Meyer & Meeker, La Mesa, Cal., for defendants City of La Mesa, et al.

ORDER

GORDON THOMPSON, Jr., District Judge.

Before the court are 3 consolidated cases, each of which challenges the constitutionality of a local municipality's conduct with respect to the so-called "Latin cross." The Latin cross is a cross the stem of which is longer than its three other arms. One such cross, the Mt. Helix cross, is located in a municipal park in San Diego County. A second, the Mt. Soledad cross...

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