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HABECKER v. TOWN OF ESTES PARK, COLORADO

Civil Action No. 05-cv-00153-EWN-MJW.

452 F.Supp.2d 1113 (2006)

David HABECKER and The Freedom from Religion Foundation, Inc., Plaintiffs, v. TOWN OF ESTES PARK, COLORADO; Board of Trustees of the Town of Estes Park, Colorado; Lori Jeffrey-Clark, Trustee of the Town of Estes Park, Colorado; Sue Doylen, Trustee of the Town of Estes Park, Colorado; Chuck Levine, Trustee of the Town of Estes Park, Colorado; Wayne Newsom, Trustee of the Town of Estes Park, Colorado; Bill Pinkham, tee of the Town of Estes Park, Colorado; John Baudek, Mayor of the Town of Estes Park, Colorado; Vickie O'Connor, Town Clerk of, the Town of Estes Park, Colorado; Greg White, Town Attorney for the Town of Estes Park, Colorado; Estes Park Citizens for Representative Government; Dewey Shanks, Member, Estes Park Citizens for Representative Government; Norman D. Pritcliard, Member, Estes Park Citizens for Representative Government; and Richard H. Clark, Member, Estes Park Citizens for Representative Government; Defendants, and United States of America, Intervenor Defendant.

United States District Court, D. Colorado.

As Amended September 25, 2006.

Attorney(s) appearing for the Case

Robert R. Tiernan, Atty at Law, Denver, CO, for Plaintiffs.

Steven Jay Dawes, Sophia Hua Tsai, Light, Harrington & Dawes, P.C., Denver, CO, Herbert C. Phillips, Hayes, Phillips, Hoffmann & Carberry, PC, Fairplay, CO, for Defendants.

Kevin Thomas Traskos, U.S. Attorney's Office, Denver, CO, Theodore C. Hirt, U.S. Department of Justice, Washington, DC, for Intervenor-Defendant.

ORDER AND MEMORANDUM OP DECISION

NOTTINGHAM, District Judge.

Plaintiff David Habecker was an elected town trustee of the Town of Estes Park, Colorado, until he was recalled by the voters on March 22, 2005, in a recall election dominated by the issue of whether those voters wished to continue to be represented by a trustee who had refused to stand and recite the Pledge of Allegiance at trustee meetings, as Mr. Habecker had done. Believing primarily that this...

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