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GRAND CANYON TRUST v. PUBLIC SERVICE CO.

No. CIV. 02-552 BB/ACT.

283 F.Supp.2d 1249 (2003)

GRAND CANYON TRUST and Sierra Club, Plaintiffs, v. PUBLIC SERVICE COMPANY OF NEW MEXICO, Defendant.

United States District Court, D. New Mexico.

August 20, 2003.

Attorney(s) appearing for the Case

Steven Sugarman, Belin & Sugarman, Santa Fe, NM, Reed Zars, Laramie, WY, George E. Hays, San Francisco, CA, for Plaintiffs.

Robert C. Comklin, Richard L. Alvidrez, Mary Behn, Keleher & McLeod, Robert H. Clark, Public Service Company of NM, Albuquerque, NM, Henry V. Nickel, Hunton & Williams, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

BLACK, District Judge.

THIS MATTER is before the Court on Defendant's motion for summary judgment on Plaintiffs' second cause of action [Doc. 31]. Having reviewed all the submissions of counsel and the applicable law, the Court finds the motion is well taken and it will be granted.

Standard of Review

Summary judgment is appropriate only "if the pleadings, depositions, answers to interrogatories, and admissions...

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