Legal Opinion

Cottonwood Mall Shopping Center, Inc. v. Utah Power & Light Co.

Court of Appeals for the Tenth Circuit

Decided March 12, 1971No. 474-69PublishedCited by 21 opinions

1Opinion of the Court

BROWN, Circuit Judge.

Through the wide door of a federal antitrust suit we back into an earthbound, Utah-bound Erie problem of statutory construction since the thrusters on the alternative due process claim cannot orbit it to a constitutional apogee. In more austere terms the question is whether a shopping center operator in supplying electricity to the lessee merchants becomes subject to regulation as a public utility. The Court below answered in the affirmative, and we affirm.

Cottonwood,1 owner and operator of a large shopping center in the trade area of Salt Lake City sued Power Company2…

2Cases cited22 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Nebbia v. New YorkSupreme Court of the United States · 1934
  3. Munn v. IllinoisSupreme Court of the United States · 1877
  4. West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
  5. Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.Supreme Court of the United States · 1968

17 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. National Ass'n of Pharmaceutical Manufacturers, Inc. v. Ayerst LaboratoriesCourt of Appeals for the Second Circuit · 1988
  2. Donald Boyd Julander, and v. Ford Motor Company, a Corporation, AndCourt of Appeals for the Tenth Circuit · 1973
  3. City of Aurora, Colorado, and the City of Colorado Springs, Colorado v. Bechtel CorporationCourt of Appeals for the Tenth Circuit · 1979
  4. Leda Mae Symons v. Mueller CompanyCourt of Appeals for the Tenth Circuit · 1974
  5. The National Association Of Pharmaceutical Manufacturers, Inc. v. Ayerst Laboratories, Division Of/And American Home Products CorporationCourt of Appeals for the Second Circuit · 1988

16 more not listed; retrieve them via the Exa API.

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