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CARD v. CITY OF EVERETT

No. 05-35996.

520 F.3d 1009 (2008)

Jesse CARD, Plaintiff-Appellant, v. CITY OF EVERETT; Ray Stephanson, in his official capacity as Mayor of Everett, Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2008.

Attorney(s) appearing for the Case

Marc D. Slonim of Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, for the plaintiff-appellant.

David H. Remes and Benjamin C. Block of Covington & Burling, Washington, D.C., for the plaintiff-appellant.

Ayesha Khan of Americans United for Separation of Church and State, Washington, D.C., for the plaintiff-appellant.

Steven W. Fitschen of The National Legal Foundation, Virginia Beach, VA, for amicus curiae in support of the defendants-appellees.

Before: ARTHUR L. ALARCÓN, FERDINAND F. FERNANDEZ, and KIM McLANE WARDLAW, Circuit Judges.

Opinion by Judge WARDLAW; Concurrence by Judge FERNANDEZ.

WARDLAW, Circuit Judge:

Jesse Card appeals the district court's award of summary judgment to the City of Everett on his claim that the City's display of a six-foot tall granite monument inscribed with the Ten Commandments on the grounds of the Everett Old City Hall violates the Establishment Clauses of the Constitutions of the United States and the State of Washington. In 2005, the Supreme Court issued...

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