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MERCIER v. FRATERNAL ORDER OF EAGLES

No. 04-1321, 04-1524.

395 F.3d 693 (2005)

Sue MERCIER, Elizabeth J. Ash, Angela Belcaster, et al., Plaintiffs-Appellees, v. FRATERNAL ORDER OF EAGLES, La Crosse Aerie 1254, Intervening Defendant-Appellant, and City of La Crosse, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 3, 2005.

Rehearing Denied February 28, 2005.

Attorney(s) appearing for the Case

James A. Friedman, James D. Peterson (argued), Lafollette, Godfrey & Kahn, Madison, WI, for Plaintiffs-Appellees.

Francis J. Manion (argued), American Center for Law & Justice, New Hope, KY, Patrick J. Houlihan (argued), La Crosse City Attorney, La Crosse, WI, for Defendants-Appellants.

Before BAUER, MANION, and KANNE, Circuit Judges.

Rehearing En Banc Denied February 28, 2005.*

MANION, Circuit Judge.

For almost forty years, a monument inscribed with the Ten Commandments (the "Monument") has occupied a spot in Cameron Park, a public park in the City of La Crosse, Wisconsin ("La Crosse" or the "City"). Recently, certain residents of La Crosse, joined by an advocacy group, sued the City claiming the Monument violated the Establishment Clause of the First Amendment...

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