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ESPINOSA v. ROSWELL TOWER, INC.

No. 93-2238.

32 F.3d 491 (1994)

Judith M. ESPINOSA, in her official capacity as Secretary of the New Mexico Environment Department; New Mexico Environment Department, Plaintiffs-Appellants, v. ROSWELL TOWER, INC.; Ray Bell; Leonard Talbert, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 17, 1994.

Attorney(s) appearing for the Case

Ripley B. Harwood (Geoffrey Sloan with him on the briefs), Sp. Asst. Atty. Gen., Assts. General Counsel, Santa Fe, NM, for plaintiffs-appellants.

Bruce S. Garber of Garber and Hallmark, Santa Fe, NM (Timothy J. Cusack of Cusack, Jaramillo & Associates, Roswell, NM, with him on the brief), for defendants-appellees.

Before SEYMOUR, Chief Judge, LOGAN, Circuit Judge, and DAUGHERTY, District Judge.

LOGAN, Circuit Judge.

The New Mexico Environmental Department and its Secretary, Judith M. Espinosa (collectively NMED), brought suit against Roswell Tower, Inc., Ray Bell and Leonard Talbert (defendants) alleging violations of the Clean Air Act, 42 U.S.C. §§ 7401 et seq.1 The district court granted summary judgment for defendants; NMED appeals. The only issue on appeal is whether NMED can invoke federal jurisdiction to...

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