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FREEDOM FROM RELIGION FOUNDATION, INC. v. NICHOLSON

No. 07-1292.

536 F.3d 730 (2008)

FREEDOM FROM RELIGION FOUNDATION, INCORPORATED, Anne Gaylor, Annie L. Gaylor, et al., Plaintiffs-Appellants, v. R. James NICHOLSON, Jonathan Perlin, Hugh Maddry, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 2008.

Attorney(s) appearing for the Case

Richard L. Bolton (argued), Boardman, Suhr, Curry & Field, Madison, WI, for Plaintiffs-Appellants.

Erik C. Peterson, Office of the United States Attorney, Madison, WI, Lowell Sturgill (argued), Department of Justice, Civil Rights Division, Washington, DC, for Defendants-Appellees.

Before RIPPLE, ROVNER and TINDER, Circuit Judges.

RIPPLE, Circuit Judge.

Plaintiffs, including Freedom From Religion Foundation, Inc. and three individual federal taxpayers (collectively, "Freedom From Religion"), commenced this civil rights action under 42 U.S.C. § 1983, alleging that the defendants, five high-level employees of the Department of Veterans Affairs (collectively, the "VA"), were violating the Establishment Clause. The complaint sought both declaratory and injunctive relief. The district court...

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