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MO'S EXPRESS, LLC v. SOPKIN

No. 05-1036.

441 F.3d 1229 (2006)

MO'S EXPRESS, LLC, doing business as Mo's Express; American All Star Shuttle & Limo, LLC, doing business as Denver City Express; David Ruby, doing business as Road Runner Express; Mohammad Javid Amini, doing business as Flying J Shuttle; Shahla Shan, doing business as EZ Transportation; Centennial Cab, LLC, doing business as A + A Airport Shuttle; American Shuttle, Inc., Plaintiffs-Appellants, and All States Shuttle, LLC; Colorado Express Airport Shuttle, LLC; T & G, Inc., doing business as Denver Pro Express; Belaye T. Drese, doing business as Front Range Express, Inc.; Mile High Express Transportation, doing business as Mile High Express; Hanareh Corporation, doing business as Advance Airport Shuttle, Plaintiffs, v. Gregory E. SOPKIN; Polly Page, in her official capacity as Commissioner Public Utilities Commission of the State of Colorado; Carl Miller, in his official capacity as Commissioner of Public Utilities Commission of the State of Colorado; Public Utilities Commission for the State of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 29, 2006.

Attorney(s) appearing for the Case

Richard S. Strauss of Hochstadt, Straw, Strauss & Silverman, P.C., Denver, CO (M. Andrew Andrade of the Law Offices of M. Andrew Andrade, Esq., Grenwood Village, CO with him on the briefs) for Plaintiffs-Appellants.

Allison H. Eid, Solicitor General, Denver, CO (John W. Suthers, Attorney General, and David A. Beckett, Assistant Attorney General, Denver, CO, on the briefs) for Defendants-Appellees.

Before KELLY, HENRY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Thirteen individuals and companies that provide shuttle service to and from the Denver International Airport filed suit on September 23, 2004 against the Colorado Public Utilities Commission (PUC) and its three commissioners in their official capacities. The Plaintiffs sought to enjoin the PUC from taking enforcement action against them for failure to obtain a certificate of public convenience and necessity issued by the state. They presented...

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