GF GAMING CORP. v. CITY OF BLACK HAWK, COLO.

Nos. 04-1177, 04-1178.

405 F.3d 876 (2005)

GF GAMING CORPORATION, doing business as Famous Bonanza and as Easy Street Casino, a Colorado corporation; Blue Spruce Investment Corporation, a Colorado corporation; Grimes Gaming Corporation, a Colorado corporation; Annie Oakley's Emporium, Inc., a Colorado corporation; Eureka Creek Development, Inc., a Colorado corporation; Baby Doe Development, Inc., a Colorado corporation; Proland Management, LLC, a Colorado corporation; Sheftel Charitable Remainder Unitrust, an entity domiciled in Colorado; Wilhelm Lorenz, individually, Plaintiffs, and Galactic Gaming, Inc., a Nevada corporation, Plaintiff-Appellant, v. CITY OF BLACK HAWK, COLORADO, a home rule city and municipal corporation of Colorado; Black Hawk Casino Owners Association, a Colorado political committee; Horseshoe Casino, LLC, doing business as Canyon Casino, a Colorado limited liability company; Black Hawk Brewery and Casino, LLC, doing business as Mardi Gras Casino, a Colorado limited liability company; Black Hawk Gaming And Development Co., Inc., a Colorado corporation; Black Hawk Development North, LLC, a Colorado limited liability company; BH Gateway, LLC, doing business as Jackpot Springs, a Colorado limited liability company; Prospector 141, LLC, a Colorado limited liability company; Woodmont Development Company, Inc., a Texas corporation; Kathryn Eccker, individually and in her official capacity as Mayor of the City of Black Hawk; James S. Maloney, individually and in his official capacity as City Attorney for the City of Black Hawk; Lynnette Hailey, individually and in her official capacity as City Manager for the City of Black Hawk; Susan Barnes, an individual domiciled in Colorado, Medill Barnes, an individual domiciled in Colorado; Lary P. Brown, an individual domiciled in Colorado; Phyllis Brown, an individual domiciled in Colorado; Herbert W. Bowles, an individual domiciled in Colorado, Defendants-Appellees. GF Gaming Corporation, doing business as Famous Bonanza and as Easy Street Casino, a Colorado corporation; Blue Spruce Investment Corporation, a Colorado corporation; Grimes Gaming Corporation, a Colorado corporation; Annie Oakley's Emporium, Inc., a Colorado corporation; Eureka Creek Development, Inc., a Colorado corporation; Baby Doe Development, Inc., a Colorado corporation; Proland Management, LLC, a Colorado corporation; Sheftel Charitable Remainder Unitrust, an entity domiciled in Colorado; Wilhelm Lorenz, individually, Plaintiffs-Appellants, Galactic Gaming, Inc., a Nevada corporation, Plaintiff, v. City of Black Hawk, Colorado, a home rule city and municipal corporation of Colorado; Black Hawk Casino Owners Association, a Colorado political committee; Horseshoe Casino, LLC, doing business as Canyon Casino, a Colorado limited liability company; Black Hawk Brewery and Casino, LLC, doing business as Mardi Gras Casino, a Colorado limited liability company; Black Hawk Gaming and Development Co., Inc., a Colorado corporation; Black Hawk Development North, LLC, a Colorado limited liability company; BH Gateway, LLC, doing business as Jackpot Springs, a Colorado limited liability company; Prospector 141, LLC, a Colorado limited liability company; Woodmont Development Company, Inc., A Texas corporation; Kathryn Eccker, individually and in her official capacity as Mayor of the City of Black Hawk; James S. Maloney, individually and in his official capacity as City Attorney for the City of Black Hawk; Lynnette Hailey, individually and in her official capacity as City Manager for the City of Black Hawk; Susan G. Barnes, an individual domiciled in Colorado; Medill Barnes, an individual domiciled in Colorado; Lary P. Brown, an individual domiciled in Colorado; Phyllis Brown, an individual domiciled in Colorado; Herbert W. Bowles, an individual domiciled in Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 2005.


Attorney(s) appearing for the Case

Diane Vaksdal Smith, Burg, Simpson, Eldredge, Hersh & Jardine, P.C., Englewood, Colorado (David P. Hersh, Burg, Simpson, Eldredge, Hersh & Jardine, P.C., Englewood, Colorado, John F. Reha, Arckey & Reha, LLC, Littleton, Colorado, with her on the briefs), for Plaintiffs-Appellants.

Robert F. Hill, Hill & Robbins, P.C., Denver, Colorado (Jennifer H. Hunt, Hill & Robbins, P.C., Denver, Colorado, with him on the brief), for Defendants-Appellees.

Scott D. Albertson and Eric E. Torgersen, Holley, Albertson & Polk, P.C., filed a brief for Defendant-Appellee Woodmont Development Company.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiffs-appellants, consisting mainly of businesses and property owners in and around the Colorado city of Central City, sued the neighboring city of Black Hawk; Black Hawk's mayor, city attorney, and city manager; and several casinos, associations, and individuals primarily in and around Black Hawk. Plaintiffs allege that defendants engaged in a conspiracy to restrain and monopolize trade in the limited gaming industry...

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