COTTONWOOD MALL SHOP. CTR., INC. v. UTAH POWER & LIGHT CO.

No. 474-69.

440 F.2d 36 (1971)

COTTONWOOD MALL SHOPPING CENTER, INC., a Utah corporation, Plaintiff and Appellant, v. UTAH POWER & LIGHT COMPANY, a Maine corporation, Defendant and Appellee. UTAH POWER & LIGHT COMPANY, a Maine corporation, Third-Party Plaintiff and Appellee, v. Sidney M. HORMAN, Veoma H. Horman, Horman Development Company and Horman Investment Company, Third-Party Defendants and Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 10, 1971.


Attorney(s) appearing for the Case

Brigham E. Roberts, Rawlings, Roberts & Black, Salt Lake City, Utah, for appellant.

Marvin J. Bertoch and Thomas A. Quinn, Salt Lake City, Utah (Ray, Quinney & Nebeker, Sidney G. Baucom and Robert Gordon, Salt Lake City, Utah, with them on the brief), for appellees.

Before LEWIS, Chief Judge, JOHN R. BROWN, Chief Judge, and SETH, Circuit Judge.


BROWN, Circuit Judge.

Through the wide door of a federal antitrust suit we back into an earth-bound, Utah-bound Erie problem of statutory construction since the thrusters on the alternative due process claim cannot orbit it to a constitutional apogee. In more austere terms the question is whether a shopping center operator in supplying electricity to the lessee merchants becomes subject to regulation as a public utility. The Court below answered in the affirmative...

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