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SUMMUM v. CALLAGHAN

No. 96-4191.

130 F.3d 906 (1997)

SUMMUM, a Utah corporate sole, Plaintiff-Appellant, v. Mary CALLAGHAN; Salt Lake County, a municipal government entity; James Bradley, Salt Lake County Commissioner; Brent Overson, Salt Lake County Commissioner; Randy Horiuchi, Salt Lake County Commissioner, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 28, 1997.

Attorney(s) appearing for the Case

Brian M. Barnard (Natasha Hawley and Andrea J. Garland, with him on the briefs), Utah Legal Clinic, Cooperating Attorneys for Utah Civil Rights & Liberties Foundation, Inc., Salt Lake City, UT, for Plaintiff/Appellant.

Patricia J. Marlowe, Deputy County Attorney (Douglas R. Short, Salt Lake County Attorney and Sirena M. Wissler, Deputy County Attorney, with her on the brief), Salt Lake City, UT, for Defendants/Appellees.

Before SEYMOUR, Chief Judge, McKAY, Senior Circuit Judge, and HENRY, Circuit Judge.

SEYMOUR, Chief Judge.

This appeal involves two consolidated actions brought under 42 U.S.C. § 1983 by Summum, a church, against Salt Lake County and its Commissioners ("the County") based on the County's denial of several requests made by Summum to erect a monolith displaying certain religious tenets of the Summum church near a Ten Commandments monolith located on the front lawn of the Salt Lake County Courthouse for the Third Judicial District. Summum alleges...

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