United States Tenth Circuit

Dismissal of a complaint-in-intervention, alleging that a county's settlement agreement lacked any basis in fact or law, was improper under FRCP 12(b)(6), in an action under New Mexico law, stemming from the proposed construction of a powerline.

Appellate Information

• Decided 11/26/2002
• Published 11/27/2002

Judges

• LUCERO, Circuit Judge., Before LUCERO and MURPHY, Circuit Judges, and ALLEY, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Bennett Evan Cooper of Steptoe & Johnson LLP, Phoenix, AZ, for Plaintiffs-Intervenors-Appellants.


• For Appellees:
  
• Kurt Wihl (Thomas C. Bird and Susan M. McCormack with him on the brief), Keleher & McLeod, P.A., Albuquerque, NM, for Defendants-Intervenors-Appellees.