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O'CONNOR v. WASHBURN UNIVERSITY

No. 04-3103.

416 F.3d 1216 (2005)

Thomas O'CONNOR; Andrew Strobl, Plaintiffs-Appellants, v. WASHBURN UNIVERSITY; Board of Regents of Washburn University; Jerry B. Farley, individually and in his official capacity as President, Washburn University, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 28, 2005.

Attorney(s) appearing for the Case

Robert J. Muise, Thomas More Law Center, Ann Arbor, MI, for Plaintiffs-Appellants.

Stanley D. Davis (Kayden B. Howard, Kristen A. Page, with him on the brief), Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Defendants-Appellees.

Before MURPHY, BALDOCK, and TYMKOVICH, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs-appellants Dr. Thomas O'Connor and Andrew Strobl filed suit under 42 U.S.C. § 1983 against Washburn University, the Washburn Board of Regents, and Washburn President Dr. Jerry B. Farley individually and in his official capacity, claiming a statue placed on the Washburn campus violated their rights under the First Amendment of the United States Constitution. The statue in question is

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