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AMERICAN CIV. LIB. UNION v. CITY OF FLORISSANT

No. 98-3782.

186 F.3d 1095 (1999)

AMERICAN CIVIL LIBERTIES UNION, on behalf of its member, Scott Weiner, Appellee, v. CITY OF FLORISSANT; James J. Eagan, Mayor, in his official capacity as Mayor of the City of Florissant, Appellants. The National Legal Foundation; Rutherford Institute, Amicus on Behalf of Appellant, Americans United for Separation of Church and State; Anti-Defamation League; American Jewish Congress; The Baptist Joint Committee on Public Affairs, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 16, 1999.

Rehearing and Rehearing Denied September 30, 1999.

Attorney(s) appearing for the Case

John M. Hessel, St. Louis, MO, argued (Keith J. Grady, on the brief), for Appellant.

Sally E. Barker, St. Louis, MO, argued (Denise Lieberman, on the brief), for Appellee.

Before WOLLMAN, Chief Judge, BEAM, and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 30, 1999.*

BEAM, Circuit Judge.

The City of Florissant appeals a declaratory judgment and permanent injunction enjoining the City and the Mayor "from erecting any display containing a creche or other religious symbols at the Florissant Civic Center or any other public property." The district court found that the holiday display erected by the City at the Civic Center violated the...

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