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10th Circuit Overturns Ruling In Las Cruces Case

LAS CRUCES, N.M. (AP) – The U.S. 10th Circuit Court of Appeals in Denver has overturned a lower court’s ruling in favor of a water company in a dispute over who has the right to serve customers northeast of Las Cruces.

Moongate Water Company had challenged an agreement between the city of Las Cruces and a separate domestic water association over the disputed area.

The three-judge panel of the 10th Circuit ordered a lower court to grant a summary judgment in favor of Las Cruces and the Dona Ana Mutual Domestic Water Consumers Association.

That will let them amend an earlier settlement that Moongate Water objected to. The case stems from a series of rulings over the right to provide water in the area.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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