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FRIEDMAN v. BOARD OF COUNTY COM'RS OF BERNALILLO

No. 82-1064.

781 F.2d 777 (1985)

Al FRIEDMAN, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF BERNALILLO COUNTY, David Santillanes, Chairman; Juven Sanchez, Robert Hawk, Wray Simmons, E.R. (Corky) Morris, Members, Defendants-Appellees, American Jewish Congress and the Rutherford Institute, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 26, 1985.

Attorney(s) appearing for the Case

Paul A. Phillips, Cooperating Atty., A.C.L.U. of New Mexico, Albuquerque, N.M., for plaintiff-appellant.

Casey Shpall, Mountain States Legal Foundation, Denver, Colo., Roger J. Marzulla, Maxwell A. Miller, and Michael R. Perna also of Mountain States Legal Foundation, Denver, Colo., and Hunter L. Geer, Albuquerque, N.M., on the briefs for defendants-appellees.

Ronald A. Krauss, Lois C. Waldman, and Marc D. Stern, American Jewish Congress, New York City, and Michael G. Sutin, Albuquerque, N.M., filed a brief for amicus curiae American Jewish Congress, et al.

John W. Whitehead and D. Kevin Ikenberry, of the Rutherford Institute, Manassas, Va., filed an amicus curiae brief.

Before HOLLOWAY, Chief Judge, McWILLIAMS, BARRETT, McKAY, LOGAN, SEYMOUR, and MOORE, Circuit Judges.

LOGAN, Circuit Judge.

This case challenges a county government's use of a seal bearing, among other things, a latin cross and the Spanish motto, "CON ESTA VENCEMOS," under the Establishment and Free Exercise Clauses of the First Amendment of the United States Constitution and under the New Mexico Constitution. The district court found no constitutional violations, Johnson v. Board of County Commissioners, 528 F.Supp. 919

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