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ASCOT DINNER THEATRE, LTD. v. SMALL BUSINESS ADMIN.

Nos. 86-1061, 86-1117.

887 F.2d 1024 (1989)

The ASCOT DINNER THEATRE, LTD. a Colorado limited partnership, Plaintiff-Appellee/Cross-Appellant, v. The SMALL BUSINESS ADMINISTRATION, an agency of the United States Government; Charles Heatherly, Administrator, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 5, 1989.

Attorney(s) appearing for the Case

Brian Magoon, Loser, Fitzgerald, Magoon & Davies, P.C., Englewood, Colo., for plaintiff-appellee/cross-appellant.

Peter R. Maier, Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., John F. Cordes and Linda J. Silberman, Attys., Appellate Staff Civ. Div., Dept. of Justice, Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., were also on the brief) for defendants-appellants/cross-appellees.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and SAFFELS, District Judge.

HOLLOWAY, Chief Judge.

The Small Business Administration (SBA) and its Administrator appeal a judgment awarding damages to the Ascot Dinner Theatre (Ascot),1 an applicant denied a loan guaranty by the SBA. The district court held unconstitutional as applied here the SBA's "opinion molder rule," a regulation which disqualified certain businesses engaged in the formation, expression and distribution...

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