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STATE OF MO. v. CUFFLEY

Nos. 96-2913, 96-3740.

112 F.3d 1332 (1997)

STATE OF MISSOURI ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. Michael CUFFLEY, individually and as the Unit Recruiter of the KKK; Knights of the Ku Klux Klan, Appellees (Two Cases). Arkansas State Highway Commission; United States of America, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1997.

Rehearing Denied June 16, 1997.

Attorney(s) appearing for the Case

Curtis F. Thompson, argued, Jefferson City, MO (Sharon Schulte, Jefferson City, MO, and R.B. Regan, Chesterfield, MO, on the brief), for appellant.

Robert Herman, argued, St. Louis, MO, for appellees.

Matthew M. Collette, argued, Justice Dept., Washington, DC, for Amicus U.S.

Robert L. Wilson, Chief Counsel, Arkansas Highway and Transportation Dept. filed an amicus brief.

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.

BOWMAN, Circuit Judge.

Nearly three years ago, Michael Cuffley, a representative of the Missouri Realm of the Knights of the Ku Klux Klan (the Klan), filed an application with the Missouri Highway and Transportation Commission (the State) for the Klan to participate in Missouri's Adopt-A-Highway program. The State neither approved nor denied the Klan's application; instead, the State filed this action in federal district court, seeking a declaratory judgment that...

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