ACLU NEBRASKA FOUNDATION v. CITY OF PLATTSMOUTH

No. 02-2444.

358 F.3d 1020 (2004)

ACLU NEBRASKA FOUNDATION; John Doe, Plaintiffs-Appellees, v. CITY OF PLATTSMOUTH, Nebraska, Defendant-Appellant. State of Nebraska, Amicus on Behalf of Appellant. Americans United for Separation of Church and State, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 18, 2004.

Rehearing Granted; Opinion Vacated April 6, 2004.


Attorney(s) appearing for the Case

Francis J. Manion, argued, New Hope, KY (Jeffrey Downing of Lincoln, NE, on the brief), for appellant.

Amy A. Miller, argued, Lincoln, NE (Sue Ellen Wall, Lincoln, NE, on the brief), for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.


Rehearing En Banc Granted; Opinion Vacated April 6, 2004.

The petition for rehearing en banc filed by the City of Plattsmouth, Nebraska is granted. The panel's opinion and judgment of February 18, 2004, are vacated.

Counsel for the parties shall submit twenty-one copies of the appeal briefs previously filed in the case. Counsel will be notified of the date and time for oral argument before the en banc court at a later time.

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