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AM. CIVIL LIB. UNION, KY v. MCCREARY CO, KY

No. 01-5935.

354 F.3d 438 (2003)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY, et al., Plaintiffs-Appellees, v. McCREARY COUNTY, KENTUCKY, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2003.

Attorney(s) appearing for the Case

Mathew D. Staver, Erik W. Stanley, Liberty Counsel, Longwood, Florida, Johnnie L. Turner, Law Offices of Johnnie L. Turner, Harlan, KY, for Appellants.

David A. Friedman, American Civil Liberties Union of Kentucky, Louisville, KY, for Appellees.

David R. Huggins, National Legal Foundation, Virginia Beach, VA, for Amicus Curiae.

Before: RYAN, CLAY, and GIBBONS, Circuit Judges.

CLAY, J., delivered the opinion of the court. GIBBONS, J. (pp. 462-63), delivered a separate concurring opinion. RYAN, J. (pp. 463-82), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Defendants, two Kentucky counties and a county school district, as well as three officials of these governmental entities, appeal from the district court's order granting Plaintiffs' motion for a supplemental preliminary injunction prohibiting...

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