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COOK v. CITY OF PRICE, CARBON CTY., UTAH

No. 76-1701.

566 F.2d 699 (1977)

Jo Ann COOK, Plaintiff-Appellant, v. CITY OF PRICE, CARBON COUNTY, UTAH, Walter T. Axelgard, Mayor of the City of Price, Harold O. Patterick, Harold Mark Hanson, Toy Atwood, James Lee Jensen, Amel Denison, as Members of the City Council, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided December 16, 1977.

Attorney(s) appearing for the Case

Donn E. Cassity and Roger T. Sharp, Salt Lake City, Utah (of Romney, Nelson & Cassity, Salt Lake City, Utah), for plaintiff-appellant.

Michael T. McCoy, Salt Lake City, Utah, for defendants-appellees.

Donald B. Holbrook, James S. Lowrie, and Russell H. Lowe, Salt Lake City, Utah (of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah), for amicus curiae, Utah League of Cities and Towns.

Before HOLLOWAY and DOYLE, Circuit Judges, and ROGERS, District Judge.

ROGERS, District Judge.

This is an appeal from an order of the United States District Court for the District of Utah granting judgment in favor of appellees and assessing costs against appellant. Appellant Cook filed this civil rights action on August 16, 1974, contesting the allegedly unconstitutional enforcement of a zoning ordinance adopted fifteen years earlier by the City of Price, Utah. The ordinance in question regulates the operation of "home businesses" in...

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