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RED RIVER FREETHINKERS v. CITY OF FARGO

No. 13-1934.

764 F.3d 948 (2014)

RED RIVER FREETHINKERS, Plaintiff-Appellant v. CITY OF FARGO, Defendant-Appellee Eagle Forum Education and Legal Defense Fund, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2014.

Rehearing and Rehearing En Banc Denied September 30, 2014.

Attorney(s) appearing for the Case

Bruce Alan Schoenwald , argued, of Moorhead, MN, for appellant.

John M. Baker , argued, of Minneapolis, MN ( Sybil L. Dunlap , of Minneapolis, MN; Katherine M. Swenson , of Minneapolis, MN; Stacey Tjon Bossart , of Fargo, ND, on the brief), for appellee.

Lawrence John Joseph , on the brief, of Washington, DC, for amicus.

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The Red River Freethinkers oppose a Ten Commandments monument in Fargo, North Dakota. The district court1 found the monument permissible under the Establishment Clause. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

The monument here is essentially the same as those in Van Orden v. Perry, 545 U.S. 677,...

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