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DILORETO v. DOWNEY UNIFIED SCHOOL DIST. BD. EDUC.

No. 98-56762.

196 F.3d 958 (1999)

Edward DILORETO, Plaintiff-Appellant, v. DOWNEY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION; Edward Sussman, individually and in his capacity as superintendent; Betty N. Ferraro, individually and in her official capacity as president; Margo Hoffer, individually and in her official capacity as a member, Downey Unified School District, Board of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 1999.

Attorney(s) appearing for the Case

Patrick J. Manshardt, Individual Rights Foundation, Los Angeles, California, for the plaintiff-appellant.

John W. Allen, Gibeaut, Mahan & Briscoe, Los Angeles, California, for the defendants-appellees.

Arthur D. Hodge, Gibeaut, Mahan & Briscoe, Los Angeles, California, for the defendants-appellees.

Thomas V. Christopher, Los Angeles, California, for amicus curiae The Anti-Defamation League.

David R. Huggins, Virginia Beach, Virginia, for amicus curiae The National Legal Foundation.

Kevin J. Hasson, Washington, DC, for amicus curiae The Becket Fund for REligious Liberty.

Before: KOZINSKI and THOMAS, Circuit Judges, and ILLSTON, District Judge.

ILLSTON, District Judge:

Appellant Edward DiLoreto sued the superintendent of the Downey Unified School District and two members of the Board of Education (collectively "the District") based on the District's refusal to post an advertisement, paid for by Mr. DiLoreto, on Downey High School's baseball field fence. The advertisement contained the text of the Ten Commandments. Mr. DiLoreto contends that the District's refusal to post the advertisement violated his right...

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