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SUMMUM v. DUCHESNE CITY

Nos. 05-4162, 05-4168, 05-4272, 05-4282.

482 F.3d 1263 (2007)

SUMMUM, a corporate sole and church, Plaintiff-Appellant/Cross-Appellee, v. DUCHESNE CITY, a governmental entity; Clinton Park, Mayor of Duchesne City; Yordys Nelson; Nancy Wager; Paul Tanner; Darwin McKee; Jeannie Mecham, city council members, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

April 17, 2007.

Attorney(s) appearing for the Case

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

Francis J. Manion, American Center for Law & Justice, New Hope, KY (Geoffrey R. Surtees, American Center for Law & Justice, New Hope, KY, Edward L. White, III, Thomas More Law Center, Ann Arbor, MI, and Cindy Barton-Coombs, Duchesne City Attorney, Roosevelt, UT, with him on the briefs), appearing for Appellees.

Before TACHA, Chief Judge, EBEL, Circuit Judge, and KANE, District Judge.

TACHA, Chief Judge.

Summum, a religious organization, filed suit under 42 U.S.C. § 1983 against Duchesne City, its mayor, and its city council members (collectively "City") for alleged violations of Summum's First Amendment free speech rights. Summum appeals the District Court's entry of summary judgment in favor of the City with respect to Summum's request for prospective injunctive relief from alleged ongoing violations of its free speech rights. The City cross...

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