MATTER OF CITY OF EL PASO, TEX.

No. 88-5357.

887 F.2d 1103 (1989)

In the Matter of the Applications of the CITY OF EL PASO, TEXAS, Nos. HU 12 Through HU 71 and LRG 92 Through LRG 357, to Appropriate Ground Water From the Hueco and Lower Rio Grande Underground Water Basins. CITY OF EL PASO, Appellant, v. S.E. REYNOLDS, State Engineer, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1989.


Attorney(s) appearing for the Case

Richard D. Milvenan with whom P.M. Schenkkan, Austin, Tex., Neil W. Imus, Washington, D.C., and Benjamin Phillips, Santa Fe, N.M., were on the brief, for appellant.

Michael Davidson, Senate Legal Counsel, Washington, D.C., with whom Ken U. Benjamin, Jr., Deputy Senate Legal Counsel, and Morgan J. Frankel, Asst. Senate Legal Counsel, Washington, D.C., were on the brief, for appellees, Senator Jeff Bingaman, et al.

Before WALD, Chief Judge, BUCKLEY and SENTELLE, Circuit Judges.


Opinion for the Court filed PER CURIAM.

PER CURIAM:

This is an appeal from an order of the United States District Court for the District of Columbia quashing subpoenas issued at the request of the City of El Paso, Texas ("El Paso" or "the city") to a United States Senator and three of his legislative aides (collectively "appellees"). The District Court based its order on constitutional grounds. Because subsequent events rendered the matter moot during the...

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