PUEBLO OF SANTA ANA v. MOUNTAIN STATES TEL.

No. 83-1220.

734 F.2d 1402 (1984)

PUEBLO OF SANTA ANA, Plaintiff-Appellee, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellant. The Atchison, Topeka & Santa Fe Railway Company, Amicus Curiae Pueblo De Acoma, Amicus Curiae Public Service Company of New Mexico, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 14, 1984.


Attorney(s) appearing for the Case

Scott E. Borg of Luebben & Hughes, Albuquerque, N.M., for plaintiff-appellee.

Kathryn Marie Krause, Denver, Colo. (Stuart S. Gunckel, Denver, Colo., with her on the brief), for defendant-appellant.

Gary Crosby, Santa Fe Industries, Inc., Chicago, Ill. and John R. Cooney, Lynn H. Slade, John S. Thal and Walter E. Stern, III of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M., filed briefs on behalf of amicus curiae The Atchison, Topeka & Santa Fe R. Co. Public Service Co. of New Mexico joined in the Amicus Briefs of The Atchison, Topeka & Santa Fe R. Co.

Arturo G. Ortega of Ortega & Snead, P.A., Albuquerque, N.M., and Peter C. Chestnut, Albuquerque, N.M., filed a brief on behalf of amicus curiae Pueblo de Acoma.

Before McWILLIAMS, BREITENSTEIN and LOGAN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This is an interlocutory appeal from the United States District Court for the District of New Mexico which we permitted to be filed. The court granted partial summary judgment to the plaintiff-appellee, Pueblo of Santa Ana, and against the defendant-appellant, Mountain States Telephone and Telegraph Company, Mountain Bell. The dispute involves a right of way for a telephone and telegraph line across Pueblo lands. The trial court held in...

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