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JACKSON, Miss. (AP) — A federal appeals court will not revive a lawsuit that tried to block a Mississippi city from flying the state flag that includes the Confederate battle emblem.

The 5th U.S. Circuit Court of Appeals is upholding a district judge's decision that dismissed the lawsuit against Ocean Springs.

The lawsuit called the flag "racially demeaning and hostile" and claimed the city violated the federal Fair Housing Act by flying the flag and sending the message that black people are unwelcome.

U.S. District Judge Louis Guirola Jr. ruled in June that plaintiffs didn't prove they suffered unequal treatment by the government. The appeals court agreed Monday.

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Ocean Springs didn't fly the Mississippi flag for several years under a previous mayor. After a new mayor took office in July 2017, the flag returned.

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