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Smith V. County of Albemarle, Virginia, 699 F. Supp. 549 (W.D.Va.) 895 F.2d 953 (4th Circuit), denied, 498 U.S. 823 (1990). Representing a group of individuals with broad and diverse personal and religious backgrounds, Brock Green successfully prohibited a private group from erecting its Nativity Scene on the front lawn of the Albemarle County, Virginia office building. Judge J. Harry Michael of the United States District Court for the Western District of Virginia issued a landmark opinion determining the erection of this private group's Nativity Scene on the front lawn of the Albemarle County office building was a violation of the Constitution's separation of church and state. After losing to Mr. Green's clients, Albemarle County appealed the decision to the United States Court of Appeals for the Fourth Circuit, which upheld the decision. Albemarle County then appealed to the United States Supreme Court which refused to hear the case, thereby maintaining Judge Michael's decision as the law. This case has been cited by the United States Supreme Court in at least one of its other decisions.

 

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