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FOREMASTER v. CITY OF ST. GEORGE

No. 88-1235.

882 F.2d 1485 (1989)

Phillip L. FOREMASTER, Plaintiff-Appellant, v. CITY OF ST. GEORGE, a political subdivision of the State of Utah, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 28, 1989.

Attorney(s) appearing for the Case

Brian M. Barnard, Salt Lake City, Utah, R. Clayton Huntsman, St. George, Utah, C. Dane Nolan, Utah Legal Clinic Foundation, Salt Lake City, Utah, for plaintiff-appellant.

T.W. Shumway, St. George City Atty., Steven E. Snow, Snow, Nuffer, Engstrom & Drake, St. George, Utah, James E. Mitchem, Mitchem & Mitchem, Denver, Colo., for defendant-appellee.

Before HOLLOWAY, Chief Judge, and WRIGHT and BALDOCK, Circuit Judges.

EUGENE A. WRIGHT, Senior Circuit Judge.

We consider here the legality of a subsidy given by a municipal utility to a Mormon temple and the legality of a city's use of a logo depicting the Mormon temple.

BACKGROUND

With a population of 11,350 in 1980, St. George is the largest city in southern Utah. Local tradition holds that Brigham Young dedicated the spot where the St. George Temple of the Church of Latter Day Saints now stands.

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