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TRI-STATE GENERATION AND TRANSMISSION ASS'N, INC. v. NEW MEXICO PUBLIC REGULATION COMMISSION

No. 14-2164.

787 F.3d 1068 (2015)

TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., a Colorado nonprofit cooperative corporation, Plaintiff-Appellee, v. NEW MEXICO PUBLIC REGULATION COMMISSION, a New Mexico Agency, and its members; Commissioner Patrick H. Lyons; Commissioner Theresa Becenti-Aguilar; Commissioner Ben L. Hall; Commissioner Valerie Espinoza; Commissioner Karen L. Montoya, acting in their official capacities, Defendants. Kit Carson Electric Cooperative, Inc., Movant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 1, 2015.

Attorney(s) appearing for the Case

Charles V. Garcia of Cuddy & McCarthy, L.L.P., Albuquerque, New Mexico ( Arturo L. Jaramillo , and Young-Jun Roh of Cuddy & McCarthy, L.L.P., Santa Fe, New Mexico, on the briefs), for Movant-Appellant.

John R. Cooney ( Earl E. DeBrine, Jr. , and Joan E. Drake of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, New Mexico; Robert E. Youle and Brian G. Eberle of Sherman & Howard, L.L.C., Denver, CO, on the brief), for Plaintiff-Appellee.

Before KELLY, PHILLIPS, and MORITZ, Circuit Judges.

Movant-Appellant Kit Carson Electric Cooperative, Inc. (KCEC) appeals from the district court's denial of its motion seeking intervention as of right or permissive intervention in a pending case. Tri-State Generation & Transmission Ass'n v. N.M. Pub. Regulation Comm'n, Civ. No. 13-00085 KG/LAM (D.N.M. Aug. 18, 2014...

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