FREEDOM FROM RELIGION FOUND. v. CITY OF MARSHFIELD

No. 99-1639.

203 F.3d 487 (2000)

FREEDOM FROM RELIGION FOUNDATION, INC., and Clarence Reinders, Plaintiffs-Appellants, v. CITY OF MARSHFIELD, WISCONSIN and Henry Praschak Memorial Fund, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 2000.


Attorney(s) appearing for the Case

David E. Lasker (argued), Madison, WI, for Plaintiffs-Appellants.

Dennis A. Juncer, Stauber, Juncer & Wolfgram, Marshfield, WI, Francis J. Manion (argued), American Center for Law & Justice, New Hope, KY, for Defendant-Appellee City of Marshfield, Wisconsin.

Francis J. Manion American Center for Law & Justice, New Hope, KY, Mathew D. Staver, Liberty Counsel, Longwood, FL, for Defendant-Appellee Henry Praschak Memorial Fund, Inc.

Before CUDAHY, EASTERBROOK and KANNE, Circuit Judges.


KANNE, Circuit Judge.

In 1959, the City of Marshfield, Wisconsin ("City"), accepted a gift of a statue of Jesus Christ from the John Eisen Assembly, Fourth Degree Knights of Columbus. The City placed the statue in what was then known as Wildwood Park—undeveloped property owned by the City.

The white marble statue rises fifteen feet in height. It depicts Christ, arms open in prayer, standing atop a large sphere, which in turn rests atop a base bearing...

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