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CUFFLEY v. MICKES

Nos. 99-2334, 99-2501.

208 F.3d 702 (2000)

Michael CUFFLEY; Knights of the Ku Klux Klan, Realm of Missouri, Appellees/Cross-Appellants, v. Joe MICKES, in his official capacity as Chief Engineer of the Missouri Department of Transportation; Stephen Knobbe, in his official capacity as District Engineer of Missouri Department of Transportation, St. Louis Metro District; Stacey Ann Armstrong, in her official capacity as Roadside Management Supervisor of the Missouri Highway and Transportation Department; Thomas M. Boland; Robert E. Jones; Edward Douglas; S. Lee Kling; James W. Gamble; William E. Gladden, in their official capacities as commissioners of the MO Highway and Transportation Commission, Appellants/Cross-Appellees. Arkansas State Highway Commission; United States of America, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2000.

Rehearing and Rehearing Denied May 22, 2000.

Attorney(s) appearing for the Case

Curtis F. Thompson, Jefferson City, Missouri, argued (R.B. Reagan and Rich Tiemeyer, on the brief), for Appellants/Cross-Appellees.

Matthew M. Collette, Washington, DC, argued (Bill Lynn Lee, Mark L. Gross, Jennifer Levin, Nancy E. McFadden, Karen E. Skelton, David O. Ogden, Edward Dowd, and Mark B. Stern, on the brief), for Amici on Behalf of Appellant.

Robert Herman, St. Louis, Missouri, argued, for Appellees/Cross-Appellants.

Before: WOLLMAN, Chief Judge, BOWMAN, and HANSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 22, 2000.*

BOWMAN, Circuit Judge.

The Knights of the Ku Klux Klan, Realm of Missouri, and Michael Cuffley in his capacity as its Unit Recruiter (collectively, the Klan) brought this action for injunctive and declaratory relief from the decision of the Missouri Highway and Transportation Commission (the State) to deny its application to participate in the State's Adopt-A-Highway program...

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