Plains Electric Generation and Transmission Cooperative, Inc. v. Pueblo of Laguna and United States of America

I must dissent from the majority opinion because there has been an insufficient showing made by the appellants to sustain the heavy burden which must be shouldered by a party urging repeal by implication.

The appeal on this point is unusual because the basic position of appellants relates to two old statutes, one of 1926 and the other of 1928. Thus there is this long period of administrative and judicial interpretation of the two as being compatible. Also there is the most persuasive argument that the 1928 Act was passed specifically to correct a deficiency in the procedure under the 1926 Act.…