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FENN v. CITY OF TRUTH OR CONSEQUENCES

No. 19-2201.

983 F.3d 1143 (2020)

Ron FENN, Plaintiff-Appellant, v. CITY OF TRUTH OR CONSEQUENCES; Michael Apodaca, Truth or Consequences Police Captain, individually acting under the color of law; Lee Alirez, Truth or Consequences Police Chief, individually acting under color of state law; Daniel Hicks, Director of Spaceport America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED December 29, 2020.

Attorney(s) appearing for the Case

A. Blair Dunn , Western Agriculture, Resource an Business Advocates, LLP, Albuquerque, New Mexico, for Appellant.

Matthew Zidovsky ( Michael R. Heitz with him on the brief), Montgomery & Andrews, P.A., Santa Fe, New Mexico, for Appellee Daniel Hicks.

Mark Standridge ( Cody R. Rogers with him on the brief), Jarmie & Rogers, P.C., Las Cruces, New Mexico, for Appellees City of Truth or Consequences, Chief Lee Alirez, and Captain Michael Apodaca.

Before TYMKOVICH, Chief Judge, LUCERO, and BACHARACH, Circuit Judges.

The City of Truth or Consequences converted a community center for senior citizens into a visitor center operated by Spaceport America. Seeking leadership in the emerging space industry, New Mexico created Spaceport as a public agency to attract investment in a planned space launch...

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