Legal Opinion

Kleinsmith v. Shurtleff

Court of Appeals for the Tenth Circuit

Decided July 6, 2009No. 07-4187PublishedCited by 44 opinions

1Opinion of the Court

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(l)(a)(i) (2009). Mr. Kleinsmith, who has no Utah office, challenges the law on the grounds that the maintain-a-place requirement (1) is so vague that the statute…

2Cases cited42 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Doe v. BoltonSupreme Court of the United States · 1973
  4. Romer v. EvansSupreme Court of the United States · 1996
  5. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873

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3Cited by44 opinions

  1. Bank of America v. AdamsonUtah Supreme Court · 2017
  2. Dutcher v. MathesonCourt of Appeals for the Tenth Circuit · 2016
  3. United States v. DurhamCourt of Appeals for the Tenth Circuit · 2018
  4. William Gerhartz v. David RichertCourt of Appeals for the Seventh Circuit · 2015
  5. Hope for Families & Community Service, Inc. v. WarrenDistrict Court, M.D. Alabama · 2010

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