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ACLU NEBRASKA FOUND. v. CITY OF PLATTSMOUTH, NEB.

No. 4:01CV3109.

186 F.Supp.2d 1024 (2002)

ACLU NEBRASKA FOUNDATION and John Doe, Plaintiffs, v. CITY OF PLATTSMOUTH, NEBRASKA, Defendant.

United States District Court, D. Nebraska.

February 19, 2002.

Attorney(s) appearing for the Case

Amy A. Miller, Amer. Civ. Liberties Union, Lincoln, NE, Sue Ellen T. Wall, Wall Law Office, Lincoln, NE, for plaintiffs.

Francis Manion, Amer. Center for Law and Justice, New Hope, KY, Jefferson Downing, Keating, O'Gara Law Firm, Lincoln, NE, for defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

This matter is before the court upon cross motions for summary judgment (filings 28 and 32). The issue is whether a city's display of a monument bearing the text of the Ten Commandments in a public park violates the Constitution.

The Establishment Clause of the First Amendment prohibits laws "respecting an establishment of religion." U.S. CONST. amend. I. This prohibition is applicable to the States and...

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