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PAULSON v. CITY OF SAN DIEGO

No. 00-55406.

294 F.3d 1124 (2002)

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

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2002.

Attorney(s) appearing for the Case

Jordan C. Budd, ACLU Foundation of San Diego & Imperial Counties, and James E. McElroy, Law Offices of James E. McElroy, San Diego, CA, for plaintiff-appellant.

Casey Gwinn, City Attorney, and Anthony J. Shanley, Deputy City Attorney, The City of San Diego, and Charles V. Berwanger, Higgs, Fletcher & Mack LLP, San Diego, CA, for defendants-appellees.

Before: SCHROEDER, Chief Judge, and PREGERSON, KOZINSKI, FERNANDEZ, RYMER, T.G. NELSON, HAWKINS, GRABER, W. FLETCHER, BERZON, and RAWLINSON, Circuit Judges.

Argued and Submitted En Banc March 21, 2002.

Opinion by Judge GRABER; Dissent by Judge FERNANDEZ.

GRABER, Circuit Judge.

This appeal is the latest chapter in a protracted saga centered around a 43-foot-high Latin cross that stands atop Mt. Soledad in San Diego, California. In an earlier chapter, we held that the presence of the cross in a publicly owned park violates the California Constitution, and we therefore affirmed an injunction forbidding the...

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