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CITY OF ALBUQUERQUE v. BROWNER

Civ. No. 93-82-M.

865 F.Supp. 733 (1993)

CITY OF ALBUQUERQUE, Plaintiff, v. Carol M. BROWNER, Administrator, United States Environmental Protection Agency, Defendant.

United States District Court, D. New Mexico.

October 21, 1993.

Attorney(s) appearing for the Case

Gregory P. Smith, Albuquerque City Attys. Office, Albuquerque, NM, Bruce S. Garber, Garber & Hallmark, Santa Fe, NM, for plaintiff.

John W. Zavitz, U.S. Attys. Office, Dist. N.M., Albuquerque, NM, Myles E. Flint, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, Pat Rankin, U.S. Environmental Protection Agency, Asst. Regional Counsel, Dallas, TX, Randolph L. Hill, U.S. Environmental Protection Agency, Washington, DC, Elizabeth M. Ahern, U.S. Attys. Office, N.D. Ga., Atlanta, GA, for defendant.

L. Lamar Parrish, Ussery & Parrish, Albuquerque, NM, for amicus curiae, Isleta of Pueblo.

MEMORANDUM OPINION AND ORDER

MECHEM, Senior District Judge.

This matter comes on for consideration on cross motions for summary judgment filed June 11, 1993. Having reviewed the motions, responses and replies, and being otherwise fully apprised in the premises, I find that defendants' motion is well taken and will be granted and that plaintiff's motion is not well taken and will be denied.

The City filed suit under the Administrative Procedure...

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