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SUHRE v. HAYWOOD COUNTY

No. 97-1457.

131 F.3d 1083 (1997)

Richard SUHRE, Plaintiff-Appellant, v. HAYWOOD COUNTY, North Carolina, Defendant-Appellee, and Board of Commissioners; The Manager of Haywood County, North Carolina, Defendants. The Rutherford Institute; Americans United for Separation of Church and State, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 12, 1997.

Attorney(s) appearing for the Case

ARGUED: Anna Elizabeth Daly, Charlotte, North Carolina, for Appellant. Jonathan Drew Sasser, Moore & Van Allen, P.L.L.C., Raleigh, North Carolina, for Appellee. ON BRIEF: George Daly, Charlotte, North Carolina, for Appellant. Leon M. Killian, III, Killian, Kersten & Patton, P.A., Waynesville, North Carolina, for Appellee. Gregory D. Smith, Clarksville, Tennessee; Gregory N. Hopkins, Huntsville, Alabama, for Amicus Curiae The Rutherford Institute. Steven K. Green, Americans United for Separation of Church and State, Washington, DC, for Amicus Curiae Americans United.

Before WILKINSON, Chief Judge, and WILKINS and LUTTIG, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

OPINION

WILKINSON, Chief Judge:

Richard Suhre, a resident of Haywood County, North Carolina, asserts that the maintenance of a Ten Commandments display in the main courtroom of the Haywood County Courthouse violates the Establishment Clause of the First Amendment. He appeals the district court's ruling that he lacks...

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