United States Tenth Circuit

In a suit involving the continued placement of a Ten Commandments monument on a public park, the trial court improperly determined that the plaintiffs' pleadings failed to state a claim upon which relief could be granted.

Appellate Information

• Decided 08/02/2005
• Published 08/02/2005

Judges

• LUCERO, Circuit Judge., Before TACHA, Chief Judge, LUCERO, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian M. Barnard (James L. Harris with him on the briefs), Utah Legal Clinic, Salt Lake City, UT, for the Plaintiffs-Appellants., Ayesha Khan and Richard B. Katskee, Washington, DC, filed an amicus curiae brief, for Americans United for Separation of Church and State.


• For Appellees:
  
• Francis J. Manion, American Center for Law & Justice (Edward L. White III, Thomas More Law Center, Ann Arbor, Michigan with him on the brief), New Hope, KY, for the Defendants-Appellees.