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DONA ANA MUT. v. CITY OF LAS CRUCES, NM

Nos. 06-2266, 06-2347.

516 F.3d 900 (2008)

DOÑA ANA MUTUAL DOMESTIC WATER CONSUMERS ASSOCIATION, Plaintiff, v. The CITY OF LAS CRUCES, NEW MEXICO, Defendant-Appellant, Moongate Water Company, Inc., Intervenor-Appellee. Doña Ana Mutual Domestic Water Consumers Association, Plaintiff-Appellant, v. The City of Las Cruces, New Mexico, Defendant-Appellee, Moongate Water Company, Inc., Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

February 20, 2008.

Attorney(s) appearing for the Case

Lee E. Peters, Hubert & Hernandez, PA., Las Cruces, New Mexico, for Plaintiff-Appellant, Doña Ana Mutual Domestic Water Consumers Association, in Case No. 06-2347.

Edward Ricca, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico (Harry S. "Pete" Connelly, Office of the City Attorney, Las Cruces, New Mexico, with him on the briefs), for Defendant, City of Las Cruces, New Mexico, Appellant in Case No. 06-2266; Appellee in Case No. 06-2347.

William H. Lazar, Tesuque, New Mexico (Kyle W. Gesswein, Las Cruces, New Mexico, and William A. Walker, Jr., Las Cruces, New Mexico, with him on the brief), for Intervenor-Appellee, Moongate Water Company, Inc.

Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges.

BRISCOE, Circuit Judge.

Doña, Ana Mutual Domestic Water Consumers Association ("Doña Ana") — the appellant in Case No. 06-2347 — previously entered into a settlement agreement (the "Settlement") with City of Las Cruces, New Mexico (the "City") — the appellant in Case No. 06-2266 and an appellee in Case No. 06-2347. In the Settlement, the City agreed to recognize Doña Ana's exclusive rights, under 7 U.S.C. § 1926(b), to provide...

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