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UTAH PHYSICIANS FOR HEALTHY ENV'T v. DIESEL POWER

No. 20-4043.

21 F.4th 1229 (2021)

UTAH PHYSICIANS FOR A HEALTHY ENVIRONMENT, Plaintiff-Appellee, v. DIESEL POWER GEAR, LLC; B&W Auto, LLC d/b/a Sparks Motors, LLC; David W. Sparks; and Joshua Stuart, Defendants-Appellants, and 4x4 Anything LLC, Defendants.

United States Court of Appeals, Tenth Circuit.

Filed December 28, 2021.

Attorney(s) appearing for the Case

Cole S. Cannon ( Janet M. Conway , on the briefs), Cannon Law Group, Salt Lake City, Utah, for Defendants-Appellants.

Reed Zars ( George E. Hays , Bellevue, Washington, with him on the brief), Laramie, Wyoming, for Plaintiff-Appellee.

Before HARTZ, BRISCOE, and CARSON, Circuit Judges.

Defendants' businesses focus on large diesel trucks and related parts, merchandise, and media. In 2017 Defendants were sued by Plaintiff Utah Physicians for a Healthy Environment (UPHE), a nonprofit organization that alleged, among other things, that Defendants were tampering with required emission-control devices and installing...

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