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NORTHERN OHIO RURAL WATER v. ERIE COUNTY BD.

No. 3:03 CV 7303.

347 F.Supp.2d 511 (2004)

NORTHERN OHIO RURAL WATER, Plaintiff, v. ERIE COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant.

United States District Court, N.D. Ohio, Western Division.

December 7, 2004.

Attorney(s) appearing for the Case

Daniel D. Mason, Baumgartner & O'Toole, Dennis M. O'Toole, Baumgartner & O'Toole, Susan Keating, Baumgartner & O'Toole, Sheffield Village, OH, for Northern Ohio Rural Water, Plaintiff.

Albin Bauer, II, Eastman & Smith, Toledo, Gary A. Lickfelt, Office of the Prosecuting Attorney, Sandusky, Henry N. Heuerman, Eastman & Smith, Richard T. Sargeant, Eastman & Smith, Toledo, OH, for Erie County Board of Commissioaers, Defendant.

ORDER

CARR, District Judge.

This is a dispute over who may provide water service in a particular area of Erie County, Ohio. Plaintiff Northern Ohio Rural Water (NORW) claims that it has a superior right to construct water lines and provide water service in the disputed territory under 7 U.S.C. § 1926(b) and that defendant Erie County Board of County Commissioners (Board) has violated that right by constructing water lines and providing service in the...

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