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ROBB v. HUNGERBEELER

No. 03-3547.

370 F.3d 735 (2004)

Thomas ROBB; Knights of the Ku Klux Klan, an Arkansas Corporation; Ralph Griffith; Knights of the Ku Klux Klan Realm of Missouri, Unit 188, an unincorporated association, Appellees, v. Henry HUNGERBEELER, in his official capacity as Director of the Missouri Highways and Transportation Commission; S. Lee Kling; Edward D. Douglas; Ollie W. Gates; W.L. Orscheln; William E. Gladden; Marjorie B. Schramm, in their official capacities as commissioners of the Missouri Highways and Transportation Commission; Don Hillis, in his official capacity as State Maintenance Engineer, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 3, 2004.

Rehearing and Rehearing Denied July 30, 2004.

Attorney(s) appearing for the Case

John M. Hessel, argued, St. Louis, MO (Keith J. Grady and Sandra F. Sperino, St. Louis on the brief), for appellant.

Robert Herman, argued, St. Louis, MO, for appellee.

Before MORRIS SHEPPARD ARNOLD, RILEY, and COLLOTON, Circuit Judges.

Reheearing and Rehearing En Banc Denied July 30, 2004.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Unit 188 of the Knights of the Ku Klux Klan, a Missouri-based chapter of a non-profit corporation that was chartered in Arkansas in 1994, applied to participate in Missouri's Adopt-A-Highway (AAH) program. Participants in the AAH program agree to collect litter along a specific portion of highway at least twice every six...

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