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CITY OF RATON v. ARKANSAS RIVER POWER

No. CIV 08-26 JB/WDS.

611 F.Supp.2d 1190 (2008)

CITY OF RATON, a municipal corporation and political subdivision of the State of New Mexico, Plaintiff, v. ARKANSAS RIVER POWER AUTHORITY, a public power corporation and political subdivision of the State of Colorado, Defendant.

United States District Court, D. New Mexico.

December 5, 2008.

Attorney(s) appearing for the Case

Luis Stelzner, Nannette M. Winter, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM, for Plaintiff.

Lynn H. Slade, Erin E. Langenwalter, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, Craig N. Johnson, Kutak Rock LLP, Denver, CO, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Dismiss Counts Three and Five of the Amended Complaint, filed June 27, 2008 (Doc. 29)("Motion"). The Court held a hearing on November 19, 2008. The primary issues are: (i) whether the Court should apply Colorado's Governmental Immunity Act; (ii) whether Colorado's Governmental Immunity Act, if applicable, bars...

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