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NORTH SHELBY WATER v. SHELBYVILLE MUN. WATER

Civ. A. No. 89-42.

803 F.Supp. 15 (1992)

NORTH SHELBY WATER COMPANY, Plaintiff, v. SHELBYVILLE MUNICIPAL WATER AND SEWER COMMISSION, Defendant.

United States District Court, E.D. Kentucky, Frankfort Division.

March 25, 1992.

Attorney(s) appearing for the Case

Donald T. Prather, Shelbyville, Ky., for plaintiff.

Frank F. Chuppe, of Wyatt, Tarrant & Combs, Louisville, Ky., for defendant.

MEMORANDUM OPINION

PATTERSON, United States Magistrate Judge.

The essential question presented is whether the previous installation by a rural water company of water distribution lines near to, or within, certain real estate later developed as residential subdivisions constitutes service "made available" to such property within the meaning of 7 U.S.C. § 1926(b), entitling the company to injunctive relief enjoining a municipal water system from providing...

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