2002 Tenth Circuit U.S. Court of Appeals Case Law

Rutter & Wilbanks Corp.; Elliott A. Riggs; William R. Thurston, Trustee; Gordon Tanner; Walter K. Arbuckle Trust; Eric B. Wells; Kevin C. Wells; Charles R. Wiggins; Ken Kamon, Plaintiffs-appellees, v. Shell Oil Company; Shell Western E & P, Inc.; Mobil Oil Corporation; Mobil Producing Texas & New Mexico, Inc.; Mobil Exploration & Producing, U.s., Inc.; Exxon Mobil, Inc.; Cortez Pipeline Company, a Partnership; Shell Co2 Company, Ltd., a Texas Limited Partnership; Kinder Morgan Co2 Company, a Texas Limited Partnership, Defendants-appellees,w.m. Brelsford; Judith Walker Funk; Reed Gilmore and W.h. Gilmore, Jr., in Their Representative Capacities As Co-executors of the Estate of W.h. Gilmore, Sr. and Dorothy R. Gilmore; Peggy B. Stuart; Antelope Energy Co., Llc; Antelope Production Co.; William G. Kemp and Marie J. Bench, in Their Representative Capacities As Co-trustees of the Bernard M. Bench Family Trust, Objectors-appellants.margaret Ann Ainsworth; Charles M. Mcafee & Company; Dorothy Gail Chappell; John Larry Clark; Nelda Lee Barlow; Troy M. Oliver; Shorlene Oliver; Poverty Point Properties, L.p.; John H. Miller; Dee Renay; Hazel J. Neely; Ingrid Joann Hartley; Olivia Carson, Llc; Ina F. Gray; Barbara E. Glazner; John H. Glazner; Clara Cundiff; Estate of Velma Louise Henderson; Louis M. Gray; Kip E. Makeever; Edith Delight James; Laura H. Kennedy; Charles R. Wiggins; Elva Gorsuch; Ken Kamon; Jerry Chaffin; Dorothy Chaffin; Johnnie E. Duran; Victor Duran;leroy Oliver; J. Ellen Oliver; Wanda Heathman; Idene Minchin; Eric B. Wells; Kevin C. Wells; Wood Oil Company, Plaintiffs-appellees, v. Shell Oil Company; Shell Western E & P, Inc.; Mobil Oil Corporation; Mobil Producing Texas & New Mexico, Inc.; Mobil Exploration & Producing U.s., Inc.; Exxon Mobil, Inc.; Cortez Pipeline Company, a Partnership; Shell Co2 Company, Ltd., a Texas Limited Partnership; Kinder Morgan Co2 Company, a Texas Limited Partnership, Defendants-appellees,bruce Tefft; Lucinda Davis; Charles Butler, Objectors-appellants
Date: December 24, 2002
Citation: 314 F.3d 1180

Utahns for Better Transportation; Ross C. "rocky" Anderson, in His Official Capacity As Mayor of Salt Lake City, Utah; Paul C. Hunter; Rosemarie M. Hunter, Plaintiffs, Andsierra Club, Plaintiff-appellant, v. United States Department of Transportation; Norman Mineta, Secretary, United States Department of Transportation; Federal Highway Administration; Mary E. Peters, Administrator, Federal Highway Administration; David Gibbs, Division Administrator of the Utah Division of the Federal Highway Administration; U.S. Army Corps of Engineers; Michael J. Conrad, Colonel, District Engineer of the Sacramento District; Brooks Carter, Chief of the Intermountain Regulatory Section; Federal Transit Administration; Jennifer L. Dorn, Administrator of the Federal Transit Administration; Lee Waddleton, Regional Administrator of the Federal Transit Administration and His Successor, Defendants-appellees.state of Utah; Utah Department of Transportation, Intervenors.utahns for Better Transportation, Plaintiff-appellant, Andross C. "rocky" Anderson, in His Official Capacity As Mayor of Salt Lake City, Utah; Sierra Club; Paul C. Hunter; Rosemarie M. Hunter, Plaintiffs, v. United States Department of Transportation; Federal Highway Administration; Mary E. Peters, Administrator, Federal Highway Administration;david Gibbs, Division Administrator of the Utah Division of the Federal Highway Administration; U.S. Army Corps of Engineers; Michael J. Conrad, Colonel, District Engineer of the Sacramento District; Brooks Carter, Chief of the Intermountain Regulatory Section; Norman Mineta, Secretary of the United States Department of Transportation; Federal Transit Administration; Jennifer L. Dorn, Administrator of the Federal Transit Administration; Lee Waddleton, Regional Administrator of the Federal Transit Administration and His Successor, Defendants-appellees.state of Utah; Utah Department of Transportation, Intervenor.utahns for Better Transportation; Sierra Club; Paul C. Hunter; Rosemarie M. Hunter, Plaintiffs, Andross C. "rocky" Anderson, in His Official Capacity As Mayor of Salt Lake City, Utah, Plaintiff-appellant, v. United States Department of Transportation; Norman Mineta, Secretary, United States Department of Transportation; Federal Highway Administration; Mary E. Peters, Administrator, Federal Highway Administration; David Gibbs, Division Administrator of the Utah Division of the Federal Highway Administration; U.S. Army Corps of Engineers; Michael J. Conrad, Colonel, District Engineer of the Sacramento District; Brooks Carter, Chief of the Intermountain Regulatory Section; Federal Transit Administration; Jennifer L. Dorn, Administrator of the Federal Transit Administration; Lee Waddleton, Regional Administrator of the Federal Transit Administration and His Successor, Defendants-appellees,state of Utah; Utah Department of Transportation, Intervenors
Date: September 16, 2002
Citation: 305 F.3d 1152

No. 01-8037
Date: August 21, 2002
Citation: 300 F.3d 1208

Earnestine Robinson, As Mother and Next Friend of a Minor, Mytesha Robinson, Cherokee Robinson and Lajuan Robinson; Reuben Montoy, As Father and Next Friend of a Minor Eric Montoy and Ryan Montoy; Kimberly Gwin, As Mother and Next Friend of a Minor Sierra Gwin and Seth Gwin; Earl Bess, Jr., As Grandfather and Next Friend of a Minor Rene Bess; Kenna Boyce, As Mother and Next Friend of a Minor Keely Boyce; Sandra Delgado, As Mother and Next Friend of a Minor Cruiz Cedillo; Lieu Do, As Mother and Next Friend of a Minor Lynette Do; Evangelina Garcia, As Mother and Next Friend of a Minor Ezekial Garcia and Emerald Garcia; Phyllis Harding, As Mother and Next Friend of a Minor Christopher Harding and Monique Harding; Melody Hawkinson, As Mother and Next Friend of a Minor Joseph Hawkinson; Robert Maynes, As Father and Next Friend of a Minor Lauri Maynes; Phillip Nguyen, As Father and Next Friend of a Minor Jennie Nguyen; Mary Lu Tripplitt, As Mother and Next Friend of a Minor Shasta Oaks; Da Thu Pham, As Father and Next Friend of a Minor Sandy Thu Pham, Nicole Thu Pham and Bruce Thu Pham; Linda Bethke, As Mother and Next Friend of a Minor Andrea Bethke, Plaintiffs-appellees, Andunified School District No. 443, and Unified District No. 305, Plaintiffs, v. State of Kansas; Bill Graves, in His Official Capacity As the Governor of the State of Kansas; Linda Holloway, in Her Official Capacity As the Chairperson of the State Board of Education; Andy Tompkins, in His Official Capacity As Commissioner of the State Department of Education, Defendants-appellants.united States of America, Intervenor-appellee
Date: July 9, 2002
Citation: 295 F.3d 1183

John D. Allison; William C. Hopkins, Jr.; Galen G. Mcfayden; Kirk R. Peterson; Julie E. Peterson; John W. Latta; Nanette B. Latta; James T. Link, Plaintiffs-counter-defendants-appellants, v. Bank One-denver, Formerly Known As Affiliated National Bank-denver, Formerly Known As Denver National Bank, a National Banking Association, Defendant-counter-claimant-appellee.roger K. Crosby, Trustee of the Trust Created Under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-appellant, v. Bank One-denver, Formerly Known As Affiliated National Bank-denver, Formerly Known As Denver National Bank, a National Banking Association, Defendant-appellee.john D. Allison; William C. Hopkins, Jr.; Galen G. Mcfayden; Kirk R. Peterson; Julie E. Peterson; John W. Latta; Nanette B. Latta; James T. Link, Plaintiffs-counter-defendants-cross-appellees, v. Bank One-denver, Formerly Known As Affiliated National Bank-denver, Formerly Known As Denver National Bank, a National Banking Association, Defendant-counter-claimant-cross-appellant.roger K. Crosby, Trustee of the Trust Created Under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-cross-appellee, v. Bank One-denver, Formerly Known As Affiliated National Bank-denver, Formerly Known As Denver National Bank, a National Banking Association, Defendant-cross-appellant.john D. Allison; William C. Hopkins, Jr.; Galen G. Mcfayden; Kirk R. Peterson; Julie E. Peterson; John W. Latta; Nanette B. Latta; James T. Link, Plaintiffs-counter-defendants-appellees, v. Bank One-denver, Formerly Known As Affiliated National Bank-denver, Formerly Known As Denver National Bank, a National Banking Association, Defendant-counter-claimant-appellant.roger K. Crosby, Trustee of the Trust Created Under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-appellee-cross-appellant, v. Bank One-denver, Formerly Known As Affiliated National Bank-denver, Formerly Known As Denver National Bank, a National Banking Association, Defendant-appellant-cross-appellee
Date: June 19, 2002
Citation: 289 F.3d 1223

United States of America, Plaintiff-counter-defendant-appellant, v. City of Las Cruces; Hudspeth County Conservation and Reclamation District No. 1; City of El Paso; New Mexico State University; Stahmann Farms, a New Mexico Corporation; State of New Mexico, Ex Rel. State Engineer, Defendants-appellees,el Paso County Water Improvement District No. 1, Defendant-counter-claimant-cross-claimant, v. Elephant Butte Irrigation District of New Mexico, Defendant-cross-defendant-appellee.state of Texas; Lower Valley Water District; Pueblo of Isleta Del Sur; State of Colorado; James Scott Boyd, Administrator of the Estate of Nathan Ellington Boyd, Intervenors.united States of America, Plaintiff-counter-defendant, v. City of Las Cruces; Hudspeth County Conservation and Reclamation District No. 1; New Mexico State University; Stahmann Farms, a New Mexico Corporation; State of New Mexico, Ex Rel. State Engineer, Defendants-appellees,el Paso County Water Improvement District No. 1, Defendant-counter-claimant-cross-claimant, Andcity of El Paso, Defendant-appellant, v. Elephant Butte Irrigation District of New Mexico, Defendant-cross-defendant-appellee.state of Texas; Lower Valley Water; Pueblo of Isleta Del Sur; State of Colorado; James Scott Boyd, Administrator of the Estate of Nathan Ellington Boyd, Intervenors.united States of America, Plaintiff-counter-defendant, v. City of Las Cruces; Hudspeth County Conservation and Reclamation District No. 1; City of El Paso; New Mexico State University; Stahmann Farms, a New Mexico Corporation; State of New Mexico, Ex Rel. State Engineer, Defendants-appellees, Andel Paso County Water Improvement District No. 1, Defendant-counter-claimant-cross-claimant-appellant, v. Elephant Butte Irrigation District of New Mexico, Defendant-cross-defendant-appellee.state of Texas; Lower Valley Water; Pueblo of Isleta Del Sur; State of Colorado; James Scott Boyd, Administrator of the Estate of Nathan Ellington Boyd, Intervenors
Date: May 7, 2002
Citation: 289 F.3d 1170

Lee Ann Bryce; Sara D. Smith, the Reverend, Plaintiffs-appellants, v. Episcopal Church in the Diocese of Colorado; Saint Aidan's Episcopal Church; the Right Reverend William Jerry Winterrowd, in His Official Capacity and As an Individual; the Reverend Tina Anderson, in Her Official Capacity and As an Individual; the Reverend Donald Henderson, in His Official Capacity and As an Individual; the Reverend Neysa Ellgren, in Her Official Capacity and As an Individual; and Members of the Vestry Ofsaint Aidan's Episcopal Church, Karla Allen, Tracy Enholm, David Huff, Marti Ingram, Ed Kase, Margie Miller, Andy Morris, Bal Patterson, Virginia Patterson, Norm Pilgrim, Carol Rasmussen, Carol Stott, Mary Wilder, and Richard Wolniewice, in Their Official Capacities and As Individuals, Defendants-appellees,the Association of Christian Schools International; Campus Crusade for Christ; the Christian Legal Society Center for Law and Religious Freedom; the Church of Jesus Christ of Latter-day Saints; the Colorado Baptist General Convention; the Colorado Catholic Conference; the Colorado District Church of the Nazarene; the Colorado Muslim Society; the Colorado Task Force on Religious Freedom; the First Church of Christ, Scientist; the General Conference of Seventh-day Adventists; the General Council on Finance and Administration of the United Methodist Church; the Islamic Society of Colorado Springs; Lutheran Church — Missouri Synod; Mid-america Union Conference of Seventh-day Adventists; National Federation for Catholic Youth Ministry; the Navigators; New Life Church; the Net, Formerly the Colorado Springs Association of Evangelicals; Presbyterian Church (u.s.a.); the Pueblo Association of Evangelicals; the Rocky Mountain Conference of Seventh-day Adventists; the Rocky Mountain Conference of the United Methodist Church; the Rocky Mountain Rabbinical Council; the Rocky Mountain Synod, Evangelical Lutheran Church of America; United States Catholic Conference; Young Life, Amici Curiae
Date: April 30, 2002
Citation: 289 F.3d 648

Planned Parenthood of the Rocky Mountains Services, Corporation; Peter A. Vargas, M.d.; Boulder Abortion Clinic, P.c.; Warren M. Hern, M.d.; James A. Mcgregor, M.d.; Michael D. Rudnick, M.d.; Aris M. Sophocles, Jr., M.d.; and Women's Choice of Boulder Valley, Inc., Plaintiffs-appellees, v. William Owens, in His Official Capacity As Governor of the State of Colorado; David J. Thomas, in His Official Capacity As District Attorney for the First Judicial District, State of Colorado; A. William Ritter, Jr., in His Official Capacity As District Attorney for the Second Judicial District, State of Colorado; Glenn Davis, in His Official Capacity As District Attorney for the Third Judicial District, State of Colorado; Jeanne Marie Smith, in Her Official Capacity As District Attorney for the Fourth Judicial District, State of Colorado; Michael Goodbee, in His Official Capacity As District Attorney for the Fifth Judicial District, State of Colorado; Sarah Law, in Her Official Capacity As District Attorney for the Sixth Judicial District, State of Colorado; Wyatt Angelo, in His Official Capacity As District Attorney for the Seventh Judicial District, State of Colorado; Stuart A. Van Meveren, in His Official Capacity As District Attorney for the Eighth Judicial District, State of Colorado; Mark Mclucas Myers, in His Official Capacity As District Attorney for the Ninth Judicial District, State of Colorado; Gus Sanstrom, in His Official Capacity As District Attorney for the Tenth Judicial District, State of Colorado; Edward J. Rodgers, Iii, in His Official Capacity As District Attorney for the Eleventh Judicial District, State of Colorado; Robert Pastore, in His Official Capacity As District Attorney for the Twelfth Judicial District, State of Colorado; Mark Adams, in His Official Capacity As District Attorney for the Thirteenth Judicial District, State of Colorado; Paul R. Mclimans, in His Official Capacity As District Attorney for the Fourteenth Judicial District, State of Colorado; Ronald F. Foster, in Hisofficial Capacity As District Attorney for the Fifteenth Judicial District, State of Colorado; Gary Stork, in His Official Capacity As District Attorney for the Sixteenth Judicial District, State of Colorado; Robert S. Grant, in His Official Capacity As District Attorney for the Seventeenth Judicial District, State of Colorado; James Peters, in His Official Capacity As District Attorney for the Eighteenth Judicial District, State of the Nineteenth Judicial District, State of Colorado; al Dominguez, in His Official Capacity As District Attorney for the Nineteenth Judicial District, State of Colorado; Alexander M. Hunter, in His Official Capacity As District Attorney for the Twentieth Judicial District, State of Colorado; Frank J. Daniels, in His Official Capacity As District Attorney for the Twenty-first Judicial District, State of Colorado; Michael F. Green, in His Official Capacity As District Attorney for the Twenty-second Judicial District, State of Colorado, Defendants-appellants,colorado Pro Life Alliance, Inc.; United Families International, Inc.; Society for Adolescent Medicine; Colorado Chapter of the American Academy of Pediatrics; American Medical Women's Association; American Public Health Association, Amici Curiae
Date: April 17, 2002
Citation: 287 F.3d 910

Larry Hagerman; Chester Allen; Randal Baker; Robert Barney; Raymond Bartholomew; Richard Biocic; Dixon Black; Rod Bonnell; Paul Brennan; Brian Bruns; Steve Butters; Larry Cholas; Mark Clair; John Craig; Mike Crouse; Harold Davis; Daryll Duncan; Alan Enger; Kevin Furguson; John Finley; Randy Finkbiner; Ruben Flores; Jay Fuller; Lewis Fraser; Don Hagerman; Gary Haller; Dan Hartford; Michael Henderson; Steve Hickman; John Johnston; William Kelly; Randy Kerr; Lance Koncher; Rich Krumpotich; Don Lenard; Wanda Locke; David Mcintyre; Mike Mcgarvey; Kent Mcdonald; Steve Mcfarland; Michael Mcguinn; Harrison Monroe; Jesse Needles; Fred Nelson; Ralph Niau; Art Nicolson; Richard O'conner; Rick Ostlund; Paul Peterson; Alan Sillitoe; Joseph Schumann; Clint Smith; Lamar Smith; Charles Steele; Mark Tittle; Steven Tucker; Ken Waterman; Joseph Watts; Jeff Westergard; Mr. Willog; Rod Wiseman; Kurt Williamson; Dan Willoughby; Rodney Wright; Rick Wyres; Kevin Binkley; Norm Brown; Michael D. Colson; Pat Dalton; Mike Dunning; Labaron Force; Rick Greener; Charles Harmon; Dale Janney; Mitch Johnson; A.e. Jordan; Shelley Konchar; Rick Matthew; D.w. Pace; Kirk Popish; W.p. Price; Larry Romero; Joel Stamatakis; Gerry Vigil; Ernest Worsham, Plaintiffs-appellants, v. United Transportation Union, an Unincorporated Labor Organization; United Transportation Union General Committee Adjustment Denver Rio Grande Western/sp Lines; United Transportation General Committee Adjustment Eastern District; United Transportation Union International; United Transportation Union Local 500; Union Pacific Railroad Company; United States Department of Transportation; the Surface Transportation Board; Rodney E. Slater, Secretary of the United States Department of Transportation; Brotherhood of Locomotive Engineers; Brotherhood of Locomotive Engineers, Local Union No. 429; Brotherhood of Locomotive Engineers, Local Union No. 888; Brotherhood of Locomotive Engineers, Local Union No. 488; Brotherhood of Locomotive Engineers, Local Union 29; United Transportation Union, Local 1650; United Transportation Union, Local 1857, Defendants-appellees
Date: March 4, 2002
Citation: 281 F.3d 1189

Ozella Scott, Claimant - Appellant,
Date: January 10, 2002
Citation: 275 F.3d 1281

U.S. West Communications, Inc., a Colorado Corporation, Plaintiff-appellee,usa and Federal Communications Commission, Plaintiffs-intervenors, v. Sprint Communications Company, L.p., a Limited Partnership, Defendant-appellant,robert J. Hix, R. Brent Alderfer, and Vincent Majkowski, Commissioners of the Public Utilities Commission of the State of Colorado; Public Utilities Commission for the State of Colorado; Tcg Colorado, a New York General Partnership; Teleport Communications Group, Inc., a Delaware Corporation; Icg Telecom Group, Inc., a Colorado Corporation; At&t Communications of the Mountain States, Inc., a Colorado Corporation; Worldcom Technologies, Inc., a Delaware Corporation; Mci Telecommunications Corporation, a Delaware Corporation; Mcimetro Access Transmission Services, Inc., a Delaware Corporation, Defendants.u.s. West Communications, Inc., a Colorado Corporation, Plaintiff-counter-defendant-appellee,usa and Federal Communications Commission, Plaintiffs-intervenors, v. Robert J. Hix, R. Brent Alderfer and Vincent Majkowski, Commissioners of the Public Utilities Commission of the State of Colorado; Public Utilities Commission for the State of Colorado; Tcg Colorado, a New York General Partnership; Teleport Communications Group, Inc., a Delaware Corporation; Icg Telecom Group, Inc., a Colorado Corporation; At&t Communications of the Mountain States, Inc., a Colorado Corporation; Sprint Communications Company, L.p., a Limited Partnership, Defendants,worldcom Technologies, Inc., a Delaware Corporation; Mci Telecommunications Corporation, a Delaware Corporation; Mcimetro Access Transmission Services, Inc., a Delaware Corporation; Mfs Intelenet of Colorado, Inc., a Delaware Corporation, Defendants-counter-claimants-appellants
Date: January 4, 2002
Citation: 275 F.3d 1241

No. 00-7059
Date: January 2, 2002
Citation: 278 F.3d 1091