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YANKEE ATOMIC ELEC. CO. v. NEW MEXICO & ARIZ. LAND

No. 79-1203.

632 F.2d 855 (1980)

YANKEE ATOMIC ELECTRIC COMPANY, Maine Yankee Atomic Power Company, Public Service Company of New Hampshire, and Vermont Yankee Nuclear Power Corporation, Plaintiffs-Appellees, v. NEW MEXICO AND ARIZONA LAND COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 29, 1980.

Rehearing Denied November 24, 1980.

Attorney(s) appearing for the Case

William C. Schaab of Rodey, Dickason, Sloan, Akin & Robb, P. A., Albuquerque, N. M. (Ropes & Gray, Boston, Mass., of counsel), for plaintiffs-appellees.

John R. Rawling, Phoenix, Ariz. (John J. O'Connor, III, Phoenix, Ariz., with him on brief) of Fennemore, Craig, von Ammon & Udall, Phoenix, Ariz. (Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N. M., of counsel), for defendant-appellant.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

New Mexico and Arizona Land Company (Land Company) appeals from an adverse declaratory judgment and order entered in favor of Yankee Atomic Electric Company, Maine Yankee Atomic Power Company, Public Service Company of New Hampshire, and Vermont Yankee Nuclear Power Corporation (Utilities). A brief summary of the facts, which are not in dispute, will facilitate our review.

Utilities are all utility companies who contracted separately...

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