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Published May 25, 2012, 01:05 PM

Appeals court reverses decision on Fargo monument

FARGO, N.D. (AP) — The 8th U.S. Circuit Court of Appeals has reversed a decision by a federal judge to throw out a lawsuit by opponents of a Ten Commandments monument on Fargo city property.

FARGO, N.D. (AP) — The 8th U.S. Circuit Court of Appeals has reversed a decision by a federal judge to throw out a lawsuit by opponents of a Ten Commandments monument on Fargo city property.

A three-judge panel says in an opinion released Friday that the Red River Freethinkers group should be allowed to proceed with its lawsuit against the city.

The group claims its constitutional rights were violated because the city gave the monument a religious purpose in voting three years ago to keep it.

The panel voted 2-1 to send the case back to district court. Judge Bobby Shepherd opposed the decision, saying there's no evidence that commissioners were motivated by religion.

Shepherd says he sees no reason for a “new and needless round of litigation.”

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