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AMERICAN, ETC. v. RABUN COUNTY CHAMBER OF COMMERCE

No. 81-7356.

678 F.2d 1379 (1982)

The AMERICAN CIVIL LIBERTIES UNION OF GEORGIA, Gene Guerrero, Individually, and as Executive Director of the American Civil Liberties Union of Georgia; Eduard N. Loring, Robert W. Karnan, Juda H. Mintz; and Joseph C. Cavallo, Individually, Plaintiffs-Appellees, v. The RABUN COUNTY CHAMBER OF COMMERCE, INC.; The Honorable Joe D. Tanner, Commissioner, Department of Natural Resources; State of Georgia; and The Honorable George D. Busbee, Governor, State of Georgia, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 21, 1982.

Attorney(s) appearing for the Case

Sutton & English, P.C., Frank Sutton, Clayton, Ga., and Ford, Harrison, Sullivan, Lowry & Sykes, G. Paris Sykes, Atlanta, Ga., for Rabun County.

Blake Craft, pro se.

John A. Pickens, Atlanta, Ga., for plaintiffs-appellees.

Before TUTTLE, KRAVITCH and JOHNSON, Circuit Judges.

TUTTLE, Circuit Judge:

This case presents important questions concerning the scope of the Establishment Clause of the First Amendment and the plaintiffs-appellees' ability to demonstrate Article III standing thereunder. The operative facts of this case are relatively simple. In 1979 the Rabun County Chamber of Commerce (Chamber), with initial approval from the State of Georgia, erected an illuminated latin cross on an 85 foot structure in Black Rock Mountain State...

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