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WARNER BROS. INC. v. WILKINSON

No. 82-1093.

782 F.2d 136 (1985)

WARNER BROS. INC. and Warner Bros. Distributing Corporation, Plaintiffs-Appellants, v. David L. WILKINSON, Attorney General of the State of Utah, Defendant-Appellee, and Motion Picture Exhibitors Association of Utah, Inc., Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

January 15, 1985.

Attorney(s) appearing for the Case

Erwin N. Griswold of Jones, Day, Reavis & Pogue, Washington, D.C. (Barbara Kacir of Jones, Day, Reavis & Pogue, Washington, D.C., and L.R. Gardiner, Jr. of Fox, Edwards & Gardiner, Salt Lake City, Utah, with him on briefs), for plaintiffs-appellants.

Ralph L. Finlayson, Sp. Asst. Utah Atty. Gen. for State of Utah (George M. Mecham and James L. Wilson, Sp. Asst. Utah Attys. Gen. for State of Utah, with him on brief), for defendant-appellee David L. Wilkinson, Atty. Gen. of State of Utah.

Robert A. Peterson of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for intervenor-appellee Motion Picture Exhibitors Ass'n of Utah, Inc.

Before BARRETT, SETH and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Plaintiffs are distributors of motion pictures. In the district court they sought a determination that section 4 of the Utah Motion Picture Fair Bidding Act, Utah Code Ann. § 13-13-1 et seq. (1979), is unconstitutional and unenforceable. They also sought an injunction preventing its enforcement, 533 F.Supp. 105. Section 4 provides as follows:

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