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KLEINSMITH v. SHURTLEFF

No. 07-4187.

571 F.3d 1033 (2009)

Phillip M. KLEINSMITH, Plaintiff-Appellant, v. Mark L. SHURTLEFF, Attorney General, State of Utah, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 6, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Philip M. Kleinsmith, pro se.

Nancy L. Kemp, Jerrold S. Jensen, Assistant Utah Attorneys General, Mark L. Shurtleff, Utah Attorney General, Salt Lake City, UT, for Defendant-Appellee.

Before TACHA, EBEL, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to "maintain[] a place within the state" to meet with trustors for certain enumerated purposes related to foreclosures. Utah Code Ann. § 57-1-21(1)(a)(i) (2009). Mr. Kleinsmith,...

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