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PAULSON v. CITY OF SAN DIEGO

No. 00-55406.

262 F.3d 885 (2001)

Philip K. PAULSON, Plaintiff-Appellant, v. CITY OF SAN DIEGO; Mt. Soledad Memorial Association, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2001.

Attorney(s) appearing for the Case

James E. McElroy, Law Offices of James McElroy, San Diego, California, for the Appellant.

Casey G. Gwinn, City Attorney, and Anthony J. Shanley, Deputy City Attorney, San Diego, California, for Appellee City of San Diego.

Charles V. Berwanger, Higgs, Fletcher & Mack LLP, San Diego, California, for Appellee Mount Soledad Memorial Association.

Before: Procter Hug, Jr., John M. Duhe, Jr., and Richard C. Tallman, Circuit Judges.

Argued and Submitted April 4, 2001 — Pasadena, California.

HUG, Circuit Judge:

We are presented with the issue of whether the presence of a Latin cross on private property surrounded by publicly maintained park land atop Mount Soledad in San Diego, California, violates the California and United States Constitutions. The cross sits on land previously owned by the city of San Diego. The district court earlier...

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