United States Tenth Circuit
Dona Ana Mut. Domestic Water Consumers Ass'n v. City of Las Cruces, 06-2266, 06-2347
In a case involving intervenor-public utility's claim to be a third-party beneficiary to defendant-city's agreement to recognize plaintiff's exclusive rights, under 7 U.S.C. section 1926(b), to provide water to customers in a particular area, a judgment agreeing with intervenor and refusing to approve an addendum to the agreement is reversed where, contrary to the district court's ruling, intervenor was not a third-party beneficiary based on either the language of the settlement or extrinsic evidence.
Appellate Information
- Decided 02/20/2008
- Published 02/21/2008
Judges
- BRISCOE, Circuit Judge., Before BRISCOE, GORSUCH, and HOLMES, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Lee E. Peters, Hubert & Hernandez, P.A., Las Cruces, New Mexico, for Plaintiff-Appellant, Doña Ana Mutual Domestic Water Consumers Association, in Case No. 06-2347.
- For Appellees:
- Edward Ricco, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, New Mexico (Harry S. “Pete” Connelly, Office of the City Attorney, Las Cruces, New Mexico, with him on the briefs), for Defendant, City of Las Cruces, New Mexico, Appellant in Case No. 06-2266; Appellee in Case No. 06-2347., William H. Lazar, Tesuque, New Mexico (Kyle W. Gesswein, Las Cruces, New Mexico, and William A. Walker, Jr., Las Cruces, New Mexico, with him on the brief), for Intervenor-Appellee, Moongate Water Company, Inc.