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STERLING BEEF CO. v. CITY OF FORT MORGAN

No. 85-2106.

810 F.2d 961 (1987)

STERLING BEEF CO., a Colorado corporation, Energy Co-Gen, Inc., a Colorado corporation, Plaintiffs-Appellants, v. The CITY OF FORT MORGAN, a Colorado municipal corporation, Defendant-Appellee. Independent Petroleum Association of Mountain States (IPAMS), Amicus Curiae, Colorado Association of Municipal Utilities, Amicus Curiae, Colorado Municipal League, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 2, 1987.

Attorney(s) appearing for the Case

Michael W. Lillie of Hughes & Dorsey (Richard L. Thorgren, with him on brief), Denver, Colo., for plaintiffs-appellants.

David L. Roberts, Fort Morgan, Colo., for defendant-appellee.

Kenneth A. Wonstolen, Denver, Colo., filed a brief on behalf of amicus curiae Independent Petroleum Ass'n of Mountain States.

Gregory L. Johnson and James J. DuBois of Horn, Anderson & Johnson, Colorado Springs, Colo., filed a brief on behalf of amicus curiae Colorado Ass'n of Municipal Utilities.

Gerald E. Dahl and Tami A. Tanoue, Denver, Colo., filed a brief on behalf of amicus curiae Colorado Municipal League.

Before BARRETT, SETH and TACHA, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from a summary judgment in favor of plaintiff-appellee, City of Fort Morgan, Colorado, in an antitrust case brought under the Sherman Act, 15 U.S.C. § 1, et seq., to enjoin Fort Morgan from enforcing a municipal ordinance which forbids the construction, operation, maintenance and use of natural gas pipelines to provide any user or consumer within the city with non-municipal natural gas without a franchise or permit...

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