IN RE DEPT. OF ENERGY STRIPPER WELL EXEMPTION LIT.

No. 10-89.

956 F.2d 282 (1992)

In re DEPARTMENT OF ENERGY STRIPPER WELL EXEMPTION LITIGATION. ANADARKO PRODUCTION COMPANY, Appellant, v. STATE OF NEW MEXICO, Appellee.

Temporary Emergency Court of Appeals.

Decided January 24, 1992.


Attorney(s) appearing for the Case

Joseph W. Kennedy, Robert W. Coykendall, Mark A. Ohlsen, and Gerald N. Capps, Morris, Laing, Evans, Brock and Kennedy, Chartered, Wichita, Kansas, James T. Ward, Jr., Anadarko Petroleum Co., Houston, Tex. were on the briefs for appellant.

Dahl H. Harris, Sp. Asst. Atty. Gen., Tom Udall, Atty. Gen., Christopher D. Coppin, Asst. Atty. Gen., State of N.M., Santa Fe, N.M. were on the brief for appellee.

Before GRANT, METZNER and PECK, Judges.


JOHN W. Judge:

Appellant Anadarko Production Company [Anadarko] appeals the district court's dismissal of its cross-claim against the State of New Mexico. Anadarko contends that the district court had jurisdiction over New Mexico by reason of the district court's original jurisdiction in this action and by reason of New Mexico's voluntary intervention in this case; Anadarko alleges that New Mexico waived its claims of immunity under the Eleventh Amendment to the United...

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