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AMERICAN CIVIL LIBERTIES UNION v. DIXIE COUNTY

No. 11-13457.

690 F.3d 1244 (2012)

AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC., Plaintiff-Appellee, v. DIXIE COUNTY, FLORIDA, Defendant-Appellant,

United States Court of Appeals, Eleventh Circuit.

August 15, 2012.

Attorney(s) appearing for the Case

Randall C. Marshall , ACLU Found. of Florida, Inc., Miami, FL, Daniel Mach , ACLU, Heather Weaver , ACLU-Washington, Washington, DC, for Plaintiff-Appellee.

Matthew Duane Staver , Liberty Counsel, Orlando, FL, Mary E. McAlister , Liberty Counsel, Inc., Lynchburg, VA, Horatio G. Mihet , Anita Leigh Staver , Liberty Counsel, Maitland, FL, for Defendant-Appellant.

Benjamin David DuPre , Foundation for Moral Law, Montgomery, AL, for Amici Curiae Foundation for Moral Law.

Steven Werner Fitschen , National Legal Foundation, Virginia Beach, VA, for Amici Curiae Wallbuilders, Inc.

Alexander J. Luchenitser , Ayesha N. Khan , Americans United for Separation of Church and State, Washington, DC, for Amici Curiae Americans United for Separation of Church and State.

Before WILSON, KRAVITCH and EDMONDSON, Circuit Judges.

WILSON, Circuit Judge:

The dispute underlying this appeal concerns the constitutionality of a large religious statue that is located directly outside the courthouse in Dixie County, Florida (the "County"). The American Civil Liberties Union of Florida, Inc. ("ACLU") brought suit against the County, arguing that such a monument violates the First Amendment's Establishment Clause. The County moved for summary judgment on the ground that John Doe, the ACLU member through...

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