United States Tenth Circuit
CITY OF ALBUQUERQUE v. US DEPT. OF THE INTERIOR, 02-2214
Plaintiff successfully argued its claim, challenging defendant's procedures used in selecting new office space in violation of Exec. Order No. 12,072, 43 Fed. Reg. 36,869 (Aug. 16, 1978), and the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), for lack of subject matter jurisdiction, is reversed.
Appellate Information
- Decided 07/28/2004
- Published 07/28/2004
Judges
- BRORBY, Circuit Judge., Before SEYMOUR, Circuit Judge, and ANDERSON and BRORBY, Senior Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Charles W. Kolberg (Robert M. White, City Attorney, with him on the briefs), Assistant City Attorney, Albuquerque, NM, for Plaintiff-Appellant.
- For Appellees:
- Hugo Teufel III (David C. Iglesias, United States Attorney, and Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM; and James Weiner, Department of the Interior, Washington, DC, with him on the brief), Associate Solicitor, Department of the Interior, Washington, DC, for Defendant-Appellee.