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SOCIETY OF SEPARATIONISTS v. WHITEHEAD

No. 920233.

870 P.2d 916 (1993)

SOCIETY OF SEPARATIONISTS, INC., a Maryland nonprofit corporation, Richard Andrews, and J. Walker, Plaintiffs and Appellees, v. Ron WHITEHEAD, Tom Godfrey, Nancy Pace, Alan Hardman, Roselyn Kirk, and Don Hale, Salt Lake City Council members, Defendants and Appellants.

Supreme Court of Utah.

December 10, 1993.

Attorney(s) appearing for the Case

Brian M. Barnard, John Pace, Salt Lake City, for plaintiffs.

Roger F. Cutler, Bruce R. Baird, Salt Lake City, for defendants.

Paul D. Lyman, Richfield, for amicus Utah League of Cities & Towns and amicus Richfield City.

Kathryn D. Kendell, Salt Lake City, for amicus American Civ. Liberties Union.

ZIMMERMAN, Justice:

Defendants Ron Whitehead, Tom Godfrey, Nancy Pace, Alan Hardman, Roselyn Kirk, and Don Hale, members of the Salt Lake City Council as of September 1991 (collectively referred to as "City Council" or "Council"), appeal from a district court order denying their motion for summary judgment and granting summary judgment to plaintiffs Richard Andrews, J. Walker, and the Society of Separationists (collectively referred to as "Separationists"). The district...

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