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FREEDOM FROM RELIGION v. CITY OF WARREN, MICH.

No. 12-1858.

707 F.3d 686 (2013)

FREEDOM FROM RELIGION FOUNDATION, INC. and Douglas J. Marshall, Plaintiffs-Appellants, v. CITY OF WARREN, MICHIGAN; City of Warren Downtown Development Authority; and James R. Fouts, Mayor of Warren, Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Danielle J. Hessell , Butzel Long, Bloomfield Hills, Michigan, for Appellants. Raechel M. Badalamenti , Kirk, Huth, Lange & Badalamenti, PLC, Clinton Township, Michigan, for Appellees. ON BRIEF: Danielle J. Hessell , Jennifer A. Dukarski , Butzel Long, Bloomfield Hills, Michigan, for Appellants. Raechel M. Badalamenti , Kirk, Huth, Lange & Badalamenti, PLC, Clinton Township, Michigan, for Appellees. Daniel S. Korobkin , American Civil Liberties Union Fund of Michigan, Detroit, Michigan, Ayesha N. Khan , Gregory M. Lipper , Americans United for Separation of Church and State, Washington, D.C., Shelli L. Calland , Covington & Burling LLP, Washington, D.C., Stephen W. Fitschen , The National Legal Foundation, Virginia Beach, Virginia, John P. Tuskey , Bingham and Loughlin, P.C., Mishawaka, Indiana, for Amici Curiae.

Before: SILER, SUTTON and McKEAGUE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

For many years, the City of Warren, Michigan, has put up a holiday display in the atrium of its civic center between Thanksgiving and New Year's. The display includes a range of secular and religious symbols — a lighted tree, reindeer, snowmen, a "Winter Welcome" sign and a nativity scene among them.

In 2010, the Freedom from Religion Foundation wrote a series of letters to the Mayor of Warren asking him to remove...

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