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V-1 OIL CO. v. UTAH STATE DEPT. OF PUBLIC SAFETY

No. 96-4090.

131 F.3d 1415 (1997)

V-1 OIL COMPANY, Plaintiff-Appellant, v. UTAH STATE DEPARTMENT OF PUBLIC SAFETY; D. Douglas Bodrero, in his capacity as Commissioner of Public Safety; Utah State Fire Marshal Division, Lynn B. Borg, in his capacity as Utah State Fire Marshal; the Liquefied Petroleum Gas Board; and the State Of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 1997.

Attorney(s) appearing for the Case

Linette Bailey Hutton (with Peter Stirba, on the briefs), Stirba and Hathaway, Salt Lake City, UT, for Plaintiff-Appellant.

Brent A. Burnett, Assistant Attorney General (with Jan Graham, Utah Attorney General, on the briefs), Salt Lake City, UT, for Defendants-Appellees.

Before SEYMOUR, McKAY and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Plaintiff-appellant V-1 Oil Company appeals the district court's grant of summary judgment in favor of the defendants. V-1 alleges that the defendants' imposition of licensing and certification fees upon its out-of-state liquefied petroleum gas (LPG) facilities constitutes an impermissible tax upon the privilege of engaging in interstate commerce. For the reasons set forth herein, we remand to the district court for vacation of judgment in part...

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