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PELPHREY v. COBB COUNTY, GA

Civil Action No. 1:05-CV-2075-RWS.

448 F.Supp.2d 1357 (2006)

Gary PELPHREY, a/k/a "Bats," Edward Buckner, Roberto Moraes, Wesley Crowe, Jeffrey Selman, Marie Shockley, and Roberta "Bobbi" Goldberg, Plaintiffs, v. COBB COUNTY, GEORGIA; Sam Olens, in his official capacity as Chairman of the Cobb County Commission and in his individual capacity; Phillip T. "Murray" Homan, in his official capacity as Chairman of the Cobb County Planning Commission and in his individual capacity, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

September 8, 2006.

Attorney(s) appearing for the Case

Gerald R. Weber, Margaret Fletcher Garrett, American Civil Liberties Union Foundation of Georgia, Inc., Atlanta, GA, for Plaintiffs.

Mark Alan Adelman, Office of Cobb County Attorney, Marietta, GA, Larry Hugh Chesin, David F. Walbert, Parks Chesin & Walbert, Atlanta, GA, for Defendants.

ORDER

STORY, District Judge.

In this action, seven Cobb County taxpayers challenge the invocation practices of the Cobb County Board of Commissioners (the "Board") and the Planning Commission (collectively, the "Commissions"). Plaintiffs argue that "sectarian prayers" offered by invited guests who participate in the invocation opportunity provided by the Commissions—and, in particular, those prayers mentioning "Jesus," "Christ," or "Jesus Christ...

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