Nos. 96-2045, 96-2065.

158 F.3d 1371 (1998)

Jeanne HARRISON, Plaintiff-Counter-Defendant-Appellant, v. EDDY POTASH, INC., a New Mexico corporation; Robert L. Brown, Defendants-Counter-Claimants-Appellees. Jeanne HARRISON, Plaintiff-Counter-Defendant-Appellee, v. EDDY POTASH, INC., a New Mexico corporation, Defendant-Counter-Claimant-Appellant, and Robert L. Brown, Defendant-Counter-Claimant.

United States Court of Appeals, Tenth Circuit.

October 30, 1998.

Attorney(s) appearing for the Case

Floyd D. Wilson (Richard D. Barish with him on the brief), McCary, Wilson & Pryor, Albuquerque, New Mexico, for plaintiff-counter-defendant-appellant.

W.T. Martin, Jr. (Stephen S. Shanor with him on the brief), Martin & Shanor, Carlsbad, New Mexico, for defendant-counter-claimant-appellee.

Before BRISCOE, McWILLIAMS, and LUCERO, Circuit Judges.


BRISCOE, Circuit Judge.

This appeal is before us on remand from the United States Supreme Court for further consideration in light of Faragher v. City of Boca Raton, ___ U.S. ___, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998). Having reviewed Faragher and the parties' supplemental briefs, we conclude the judgment in favor of defendant Eddy Potash, Inc., and against plaintiff Jeanne...

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