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Summun V Pleasantgrove

LEXSEE 483 F.3D 1044

SUMMUM, a corporate sole and church, Plaintiff-Appellant, v. PLEASANT GROVE CITY, a municipal corporation; JIM DANKLEF, Mayor; MARK ATWOOD, City Council Member; CINDY BOYD, City Council Member; MIKE DANIELS, City Council Member; DAROLD MCDADE, City Council Member; JEFF WILSON, City Council Member; CAROL HARMER, former City Council Member; G. KEITH CORRY, former City Council Member; FRANK MILLS, City Administrator, Defendants-Appellees.

No. 06-4057

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

483 F.3d 1044; 2007 U.S. App. LEXIS 8715

April 17, 2007, Filed


SUBSEQUENT HISTORY: Rehearing denied by, Rehearing, en banc, denied by Summum v. Pleasant Grove City, 499 F.3d 1170, 2007 U.S. App. LEXIS 20458 (10th Cir. Utah, 2007)
US Supreme Court certiorari granted by Pleasant Grove City v. Summum, 2008 U.S. LEXIS 2995 (U.S., Mar. 31, 2008)

PRIOR HISTORY: Summum v. Pleasant Grove City, 2006 U.S. Dist. LEXIS 87399 (D. Utah, Nov. 21, 2006)

DISPOSITION: The district court's order denying the organization's motion for a preliminary injunction was vacated and the case was remanded with in-structions to grant the preliminary injunction in the organization's favor. The court denied as moot the organization's motion to expedite the appeal.

COUNSEL: [**1] Brian M. Barnard, Utah Legal Clinic, Salt Lake City, Utah, appearing for Appellant.

Francis J. Manion, American Center for Law & Justice, New Hope, Kentucky (Edward L. White, III, Thomas More Law Center, Ann Arbor, Michigan, Jay Alan Sekulow, American Center for Law & Justice, Washington, DC, and Geoffrey R. Surtees, American Center for Law & Justice, New Hope, Kentucky, with him on the brief), appearing for Appellees.

JUDGES: Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and KANE, * District Judge.

* Honorable John L. Kane, Jr., Senior District Judge for the District of Colorado, sitting by de-signation.

OPINION BY: TACHA

OPINION
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