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MOONGATE WATER v. DONA ANA MUTUAL DOMESTIC

No. 04-2250.

420 F.3d 1082 (2005)

MOONGATE WATER CO., INC., a New Mexico Public Utility, Plaintiff-Counter-Defendant-Appellee, v. DONA ANA MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 28, 2005.

Attorney(s) appearing for the Case

Michael D. Davis, of Doyle Harris Davis & Haughey, Tulsa, OK, (Steven M. Harris, of Doyle Harris Davis & Haughey, Tulsa, OK, and Rachel Brown, of Hubert & Hernandez, Las Cruces, NM, with him on the briefs), for Defendant-Counter-Claimant-Appellant.

William A. Walker, Jr., Las Cruces, NM, (Kyle W. Gesswein, Las Cruces, NM, with him on the brief), for Plaintiff-Counter-Defendant-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

This appeal arises out of a dispute between two water-service providers over their rights to serve customers in an area northeast of Las Cruces, New Mexico, referred to by the parties as the Disputed Area. Moongate Water Company, Inc. is a public utility organized under the New Mexico Public Utilities Act, N.M. Stat. Ann.1978, §§ 62-1-1 et seq. Doña Ana Mutual Domestic Water Association, a nonprofit association formed for...

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