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Mississippi attorney tries to revive Confederate flag lawsuit

387975 02:  The Mississippi State flags flies April 17, 2001 in Pascagoula, MS. Voters will decide whether to replace the state's old flag, which sports the Confederate battle cross, with a new flag that would have 20 white stars on a blue square.  (Photo by Bill Colgin/Getty Images)

387975 02: The Mississippi State flags flies April 17, 2001 in Pascagoula, MS. Voters will decide whether to replace the state's old flag, which sports the Confederate battle cross, with a new flag that would have 20 white stars on a blue square. (Photo by Bill Colgin/Getty Images)

JACKSON, Miss. — A Mississippi attorney is asking a federal appeals court to revive his lawsuit that sought to erase the Confederate emblem from the state flag.

A district judge dismissed Carlos Moore’s lawsuit in September, rejecting his argument that the emblem is an unconstitutional vestige of slavery.

Moore’s attorney filed papers Tuesday asking the 5th U.S. Circuit Court of Appeals to order a judge to hold a trial on the merits of Moore’s other arguments. Moore says the flag symbolizes a government embrace of white supremacy and the status of him and other African-Americans as “second-class citizens.”

Mississippi has used the same flag since 1894. It is the only remaining state banner with the Confederate battle emblem, a red field topped by a blue X with 13 white stars.