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DELONY v. RUCKER

Nos. 5-1248, 5-1249.

302 S.W.2d 287 (1957)

Lawson L. DELONY et al., Appellants, v. W. S. RUCKER, Appellee. CITY OF LITTLE ROCK et al., Appellants, v. LITTLE ROCK AND WESTWOOD WATER & LIGHT DISTRICT NO. 2 et al., Appellees.

Supreme Court of Arkansas.

May 20, 1957.

Attorney(s) appearing for the Case

Spitzberg, Bonner, Mitchell & Hays, Little Rock, for appellants.

Talley & Owen, Max Howell and Gene Worsham, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

These two appeals involve the validity of § 7 of Act 321 of 1955, which reads: "A municipality owning a waterworks system shall operate its entire system in a governmental and not proprietary capacity. The municipality shall have the option of extending its services to any consumer outside the municipal boundaries, but it shall not be obligated to do so. No municipality shall be obligated to supply any fixed amount of water or water...

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