PLAINS ELEC. GEN. & TR. CO-OP. v. PUEBLO OF LAGUNA

Nos. 75-1408, 75-1809.

542 F.2d 1375 (1976)

PLAINS ELECTRIC GENERATION AND TRANSMISSION COOPERATIVE, INC., Plaintiff-Appellee, v. PUEBLO OF LAGUNA and United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 15, 1976.


Attorney(s) appearing for the Case

Philip R. Ashby, Albuquerque, N. M. (Richard Schifter, Washington, D. C., on the brief), for defendant-appellant Pueblo of Laguna.

Edward J. Shawaker, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, George R. Hyde, Dept. of Justice, Washington, D. C., Victor R. Ortega, U. S. Atty., and James B. Grant, Asst. U. S. Atty., Albuquerque, N. M., on the brief), for defendant-appellant United States.

Paul D. Gerber, Santa Fe, N. M., for plaintiff-appellee.

Before HILL, SETH and DOYLE, Circuit Judges.


HILL, Circuit Judge.

This is a condemnation action brought by appellee, Plains Electric Generation and Transmission Cooperative, Inc., under the State of New Mexico's power of eminent domain. Appellee sought to condemn a right of way for electrical transmission lines and substations across two parcels of land. The first parcel is known as the Paguate Purchase, which is held by the Pueblo of Laguna in fee simple subject to...

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