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CITY OF ALBUQUERQUE v. U.S. DEPT. OF INTERIOR

No. 02-2214.

379 F.3d 901 (2004)

CITY OF ALBUQUERQUE, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 2004.

Attorney(s) appearing for the Case

Charles W. Kolberg (Robert M. White, City Attorney, with him on the briefs), Assistant City Attorney, Albuquerque, NM, for Plaintiff-Appellant.

Hugo Teufel III (David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM; and James Weiner, Department of the Interior, Washington, DC, with him on the brief), Associate Solicitor, Department of the Interior, Washington, DC, for Defendant-Appellee.

Before SEYMOUR, Circuit Judge, and ANDERSON and BRORBY, Senior Circuit Judges.

BRORBY, Circuit Judge.

BACKGROUND

The City of Albuquerque ("the City") appeals the district court's order granting defendant the United States Department of the Interior's ("Interior") motion to dismiss. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(1), determining it lacked subject matter jurisdiction to hear the City's case challenging Interior's procedures used in selecting a site for new office space in Albuquerque...

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