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EAST WEST RESORT TRANSP., LLC v. BINZ

Civil Case No. 04-cv-00105-LTB-MJW.

494 F.Supp.2d 1197 (2007)

EAST WEST RESORT TRANSPORTATION, LLC, doing business as Colorado Mountain Express and/or CME Premier and/or Premier VIP Transportation and/or Resort Express a/k/a Colorado Mountain Express, LLC, Plaintiff, v. Ron BINZ, Polly Page, and Carl Miller, in their official capacities as Commissioners of the Public Utilities Commission of the State of Colorado; Defendants.

United States District Court, D. Colorado.

As Amended July 5, 2007.

Attorney(s) appearing for the Case

Fritz R. Kahn, Fritz R. Kahn, P.C., Washington, DC, Thomas J. Burke, Jr., Jones & Keller, P.C., Denver, CO, for Plaintiff.

David Alexander Beckett, Colorado Attorney General's Office, John Jay Roberts, Krug & Sobel, L.L.C., Denver, CO, for Defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff East West Resort Transportation ("CME") and defendants Ron Binz, Polly Page and Carl Miller, Commissioners of the Public Utility Commission of Colorado, (defendants will be referred to herein as "the Commission") filed cross-motions for summary judgment on CME's claims that the Commission's efforts to regulate its rates are preempted by federal law and violate the Commerce Clause, Article I...

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