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COPAR PUMICE COMPANY, INC. v. MORRIS

No. CIV 07-0079 JB/ACT.

632 F.Supp.2d 1055 (2008)

COPAR PUMICE COMPANY, INC., Plaintiff, v. Allan MORRIS, in his individual capacity, David Yantos, in his individual capacity, Mary Uhl, in her individual capacity, Debra McElroy, in her individual capacity, and Ron Curry, in his official capacity as Secretary of the New Mexico Environment Department, Defendants.

United States District Court, D. New Mexico.

March 29, 2008.

Attorney(s) appearing for the Case

Holly A. Hart, Kristin L. Davidson, Scheuer, Yost & Patterson, Santa Fe, NM, Attorneys for the Plaintiff.

Jerry A. Walz, Walz and Associates, Cedar Crest, NM, Attorneys for the Defendants.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendants' Motion for Summary Judgment, filed June 24, 2007 (Doc. 28). The Court held a hearing on September 19, 2007. The primary issues are: (i) whether the terms and conditions of the Air Quality Permit issued by the New Mexico Environment Department ("NMED") constitute consent to conduct a warrantless search pursuant to the terms...

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