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RURAL WATER DIST. NO. 4 v. CITY OF EUDORA, KAN.

Case No. 07-2463-JAR.

875 F.Supp.2d 1260 (2012)

RURAL WATER DISTRICT NO. 4, Douglas County, Kansas, Plaintiff, v. CITY OF EUDORA, KANSAS, Defendant.

United States District Court, D. Kansas.

June 19, 2012.

Attorney(s) appearing for the Case

John W. Nitcher, Riling, Burkhead & Nitcher, Chtd., Massachusetts, Lawrence, KS, Michael D. Davis, Steven M. Harris, Doyle Harris Davis & Haughey, Tulsa, OK, for Plaintiff.

Curtis L. Tideman, Lathrop & Gage, LLP, Overland Park, KS, David R. Frye, Lathrop & Gage, LLP, Kansas City, MO, Jeffrey R. King, Independence, KS, for Defendant.

MEMORANDUM AND ORDER

JULIE A. ROBINSON, District Judge.

Rural Water District No. 4, Douglas County, Kansas ("Douglas-4" or "the District") brought this suit against the City of Eudora, Kansas ("the City" or "Eudora"), under 42 U.S.C. § 1983, alleging the City violated Douglas-4's exclusive right to provide water service to current and prospective customers in violation of 7 U.S.C. § 1926(b). By order of the Tenth Circuit filed September...

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