Pope v. Intermountain Gas Co.

I

The district court found that “Home-guard was wholly financed by Intermountain initially out of its General Fund which included retained earnings from the utility function and from which dividends to Inter-mountain stockholders were to be paid.” In other words, Intermountain was using state sanctioned, essentially guaranteed monopoly dollars to compete in an unregulated *240field.1 I cannot agree with the majority’s approval of this practice. The majority apparently believes that so long as the arena of competition is outside of the “distribution chain” of the monopolized product or service, the…