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SOUTHWEST AIR AMBULANCE v. CITY OF LAS CRUCES

No. 99-2344.

268 F.3d 1162 (2001)

SOUTHWEST AIR AMBULANCE, INC., a New Mexico corporation, and John Richardson, Plaintiffs-Appellants, v. The CITY OF LAS CRUCES, a political subdivision of the State of New Mexico, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 16, 2001.

Attorney(s) appearing for the Case

Randolph B. Felker (Mariana G. Geer, with him on the briefs), Felker, Ish, Ritchie & Geer, P.A., Santa Fe, New Mexico, for Plaintiffs-Appellants.

Mary T. Torres, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Las Cruces, New Mexico, for Defendant-Appellee.

Before SEYMOUR, HOLLOWAY and MURPHY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This appeal comes to us from the granting of a Fed.R.Civ.P. 12(b)(6) motion to dismiss the plaintiffs' action challenging the legality and enforcement of a municipal ordinance setting fees at the Las Cruces International Airport. We affirm in part and reverse in part as explained below.

I

Southwest Air Ambulance, Inc. (Southwest) operates an air ambulance service from points in and outside of New Mexico, transporting patients...

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