JONES v. TEMMER

No. 93-1331.

57 F.3d 921 (1995)

Leroy JONES, Ani Ebong; Rowland Nwankwo; Girma Molalegne; Quick Pick Cabs, Inc.; Oscar S. Tillman, Reverend, Plaintiffs-Appellants, v. Robert TEMMER, Christine Alvarez, Vincent Majkowski, acting in their official capacities as members of the Colorado Public Utilities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 13, 1995.


Attorney(s) appearing for the Case

William H. Mellor III of Institute for Justice, Washington, DC (Clint Bolick, Dirk G. Roggeveen, and Scott G. Bullock of Institute for Justice, Washington DC; and Paula M. Connelly of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, CO, with him on the brief), for plaintiffs-appellants.

Mana L. Jennings-Fader, Asst. Atty. Gen., Regulatory Law Section (Gale A. Norton, Atty. Gen., and Jeffery A. Froeschle, Asst. Atty. Gen., Regulatory Law Section, with her on the brief), Denver, CO, for defendants-appellees.

Before SEYMOUR, Chief Judge, ANDERSON, and SHADUR, District Judge.


SEYMOUR, Chief Judge.

Plaintiffs brought this civil rights action under 42 U.S.C. § 1983 against members of the Colorado Public Utilities Commission challenging the Commission's regulation of taxicab companies in the Denver metropolitan area pursuant to the then-governing state statutory scheme. See Colo.Rev.Stat. §§ 40-10-101 to -120 (1993 repl. vol.). The district court ruled in favor of defendants and plaintiffs appealed. While the appeal...

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