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PUBLIC SERVICE CO. OF NEW MEXICO v. N.L.R.B.

Nos. 11-9536, 11-9540.

692 F.3d 1068 (2012)

PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Tenth Circuit.

August 28, 2012.

Attorney(s) appearing for the Case

Paula G. Maynes ( Stephen B. Waller with her on the briefs), Miller Stratvert P.A., Albuquerque, NM, for Petitioner/Cross-Respondent Public Service Company of New Mexico.

Nicole Lancia , Attorney ( Usha Dheenan , Lafe E. Solomon , Acting General Counsel, Celeste J. Mattina , Acting Deputy General Counsel, John H. Ferguson , Associate General Counsel, and Linda Dreeben , Deputy Associate General Counsel, with her on the briefs), Washington, D.C., for Respondent/Cross-Petitioner National Labor Relations Board.

Before MURPHY, GORSUCH, and MATHESON, Circuit Judges.

GORSUCH, Circuit Judge.

This case began with an angry bill collector, metamorphosed into a discovery dispute, and now serves mostly as another reminder about the importance of preserving your best arguments in the proper administrative forum rather than trying them for the first time in an appellate court.

I

It began with Robert Madrid. He worked for Public Service Company of New Mexico (PNM), collecting overdue bills for the electric utility. A...

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