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GRIFFIN v. DEPARTMENT OF VETERANS AFFAIRS

No. 01-1450.

274 F.3d 818 (2001)

Patrick G. GRIFFIN, III, an individual, Plaintiff-Appellee, v. DEPARTMENT OF VETERANS AFFAIRS, a Department of the United States Government; Roger R. Rapp, Acting Under Secretary for Memorial Affairs and Head of the National Cemetery Administration; Robin Pohlman, Director, Point Lookout Confederate Cemetery, an individual, in her official capacity, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 2001.

Attorney(s) appearing for the Case

ARGUED: John Samuel Koppel, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellants. Michael F. Wright, CASE, Knowlson, Jordan & Wright, Los Angeles, CA, for Appellee. ON BRIEF: Stuart E. Schiffer, Acting Assistant Attorney General, Stephen M. Schenning, United States Attorney, Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellants. Steven D. Campen, Stephen S. Burgoon, Campen & Burgoon, Frederick, MD, for Appellee.

Before WILKINS, LUTTIG, and GREGORY, Circuit Judges.

Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINS and Judge GREGORY joined.

OPINION

LUTTIG, Circuit Judge.

Patrick Griffin brought suit in federal district court to compel the Veterans Administration to permit him to fly the Confederate flag daily over Point Lookout Confederate Cemetery, a national cemetery administered by the Veterans Administration through the National Cemetery Administration. The district court...

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