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BEAR CREEK WATER ASS'N, INC. v. CITY OF CANTON

Civ. A. No. J84-0752(L).

606 F.Supp. 247 (1985)

BEAR CREEK WATER ASSOCIATION, INC., Plaintiff, v. CITY OF CANTON, et al., Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

March 8, 1985.

Attorney(s) appearing for the Case

James H. Herring, Herring & Self, Canton, Miss., L.A. Smith, III, Asst. U.S. Atty., Jackson, Miss., for HUD, Roland and U.S.

John H. Holloman, III, Watkins Ludlam & Stennis, Jackson, Miss., for Levi Strauss.

C.R. Montgomery, Montgomery, Smith-Vaniz McGraw & Ellington, Canton, Miss., for City of Canton, Runnels, Nichols, Wallace, Williams, Kraft, Harrell and Mosby, N. American Plastics, Indus. Development, Weems and Esco.

Gary S. Stringer, James S. Pounds, Jackson, Miss., for Miss. Tax Com'n and A.C. Lambert.

C. Delbert Hosemann, Jr., Magruder, Montgomery, Brocato & Hosemann, Jackson, Miss., for DeBeukelaer.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This action is before the court on the motion of certain defendants to dismiss and the motion of the plaintiff for a preliminary injunction. After considering the memoranda with attachments submitted by the parties and hearing argument, this court is of the opinion that both motions should be denied.

The plaintiff, Bear Creek Water Association, Inc., a private utility company and non-profit...

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