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281 CARE COMMITTEE v. ARNESON

No. 13-1229.

766 F.3d 774 (2014)

281 CARE COMMITTEE; Ron Stoffel; Citizens for Quality Education; Joel Brude, Plaintiffs-Appellants v. Ross ARNESON, in his official capacity as County Attorney for Blue Earth County, Minnesota, or his successor; Mike Freeman, in his official capacity as County Attorney for Hennepin County, Minnesota, or his successor; Lori Swanson, in her official capacity as the Minnesota Attorney General or her successor, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2014.

Rehearing and Rehearing En Banc Denied October 2, 2014.

Attorney(s) appearing for the Case

William F. Mohrman , argued, Minneapolis, MN ( Erick G. Kaardal and James V.F. Dickey , on the brief), for appellants.

John Steven Garry , AAG, argued and on the brief, Saint Paul, MN, for appellee-Lorri Swanson.

Daniel Patrick Rogan , argued and on the brief, Minneapolis, MN ( Beth Ann Stack , on the brief), for appellees-Ross Arneson and Mike Freeman.

Before SMITH, BEAM, and BENTON, Circuit Judges.

BEAM, Circuit Judge.

On appeal for the second time,1 Appellants challenge the district court's denial of their motion for summary judgment, its corresponding grant of summary judgment in favor of Appellees, and the court's dismissal of all claims in the complaint with prejudice. For the reasons stated herein, we reverse and remand for further proceedings consistent with this opinion.

I. BACKGROUND

Appellants in this action...

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