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SOCIETY OF SEPARATIONISTS v. PLEASANT GROVE CITY

No. 04-4136.

416 F.3d 1239 (2005)

SOCIETY OF SEPARATIONISTS, a non-profit Maryland corporation; G. Gaster; R. Kelsey, Plaintiffs-Appellants, v. PLEASANT GROVE CITY, a municipal corporation; Jim Danklef, Mayor, in his official capacity; Michael Daniels, City Council Member, in his official capacity; Jeff Wilson, City Council Member, in his official capacity; Cindy Boyd, City Council Member, in her official capacity; Darold McDade, City Council Member, in his official capacity; Mark Atwood, City Council Member, in his official capacity; Frank Mills, City Council Member, in his official capacity, Defendants-Appellees. Americans United for Separation of Church and State, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 1, 2005.

Attorney(s) appearing for the Case

Brian M. Barnard (James L. Harris with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for the Plaintiffs-Appellants.

Francis J. Manion, American Center for Law & Justice (Edward L. White III, Thomas More Law Center, Ann Arbor, Michigan with him on the brief), New Hope, KY, for the Defendants-Appellees.

Ayesha Khan and Richard B. Katskee, Washington, DC, filed an amicus curiae brief, for Americans United for Separation of Church and State.

Before TACHA, Chief Judge, LUCERO, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

We informally abated this case—involving the continued placement of a Ten Commandments monument on a public park in Pleasant Grove, Utah — while awaiting the Supreme Court's decisions in Van Orden v. Perry, ___ U.S. ___, 125 S.Ct. 2854, ___ L.Ed.2d ___ (2005) and McCreary County v. American Civil Liberties Union of Ky., ___ U.S. ___, 125 S.Ct. 2722, ___ L.Ed.2d ___ (2005). The Court has now decided these cases, and...

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