The appeals court noted that the BRM conducted daily 60-minute Christian worship before dinner at the shelter.
Supreme Court precedent, the appeals court concluded that city officials had diverted government aid to what amounted to religious indoctrination.
The appeals court concluded that because Wachovia did not file its refund claims within the three-year limitation under section 6511(a), the district court, under section 7422, did not have jurisdiction.
Wachovia's argument, presented in both the district and appeals courts, was that the statute of limitations does not apply to tax-exempt entities that are not required to file a return.
The appeals court decision let stand a lower court ruling that held the VA incorrectly interpreted regulations to deny retroactive payments to veterans who filed claims after early 1994.
Also upheld by the appeals court was a provision in a 2000 ruling by U.S.
The Appeals Court
took nearly two years, until August 1999, to render its decision.
"It is gratifying that the appeals court
would not allow overly technical interpretations of the Endangered Species Act to stand in the way of its true intent," says Mark Van Putten, president of the National Wildlife Federation (NWF), the first group to appeal the wolf eviction order.
The appeals court
also rejected the finding that, even if Franklin's consent was required, she gave the consent in writing with her August 1988 letter.
The July appeals court
ruling came as something of a surprise--not because of what it said but because of how quickly the court handed it down.
In refusing to review the federal appeals court
decision, Justice John Paul Stevens noted that the monument's first two lines about the Lord and God are "rather hard to square with the proposition that the monument expresses no particular religious preference."
The appeals court
affirmed in part, vacated in part, and remanded.