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WARREN v. FAIRFAX COUNTY

No. 98-1059.

169 F.3d 190 (1999)

Rita WARREN, Plaintiff-Appellant, v. FAIRFAX COUNTY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1999.

Rehearing Granted; Opinion Vacated April 21, 1999.

Attorney(s) appearing for the Case

ARGUED: Victor Michael Glasberg, Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellant. James Patrick Taves, Senior Assistant County Attorney, Fairfax, Virginia, for Appellee. ON BRIEF: Jeanne Goldberg, Victor M.Glasberg & Associates, Alexandria, Virginia; Mary Bauer, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellant. David P. Bobzien, County Attorney, Karen L. Gibbons, Assistant County Attorney, Fairfax, Virginia, for Appellee.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BULLOCK, Chief United States District Judge for the Middle District of North Carolina, sitting by designation.

Rehearing En Banc Granted; Opinion Vacated April 21, 1999.

Affirmed by published opinion. Chief Judge BULLOCK wrote the majority opinion, in which Judge WILLIAMS joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

BULLOCK, Chief District Judge.

Appellant, Rita Warren (Warren), seeks to mount religious displays in a landscaped median located in front of the Fairfax County Government Center Complex (the Complex). Appellee, Fairfax County...

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