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CITY OF WETUMPKA v. CENTRAL ELMORE WATER AUTH.

1951162.

703 So.2d 907 (1997)

CITY OF WETUMPKA; and Water Works and Sewer Board of the City of Wetumpka v. CENTRAL ELMORE WATER AUTHORITY; and Elmore County Commission.

Supreme Court of Alabama.

September 12, 1997.

Attorney(s) appearing for the Case

Keith A. Howard of Howard, Dunn, Howard & Howard, Wetumpka, for appellants (on rehearing).

Ronald G. Davenport and William H. Webster of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellees (on rehearing).

Robert E. Sasser, Dorothy W. Littleton, and Tamara A. Stidham of Sasser & Littleton, P.C., Montgomery, for amicus curiae Alabama Water and Wastewater Institute (on rehearing).

Kenneth Smith, League counsel, and Joseph Kettler, asst. League counsel, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the appellants (on rehearing).

James R. Seale and Charles B. Paterson of Robison & Belser, P.A., Montgomery, for amicus curiae Water Works and Sanitary Sewer Board of the City of Montgomery (on rehearing).

On Application for Rehearing

MADDOX, Justice.

The opinion of May 16, 1997, is withdrawn, and the following substituted therefor.

This appeal involves a dispute between, on the one side, a public water authority, incorporated under provisions of state law, and, on the other side, the City of Wetumpka and the Water Works and Sewer Board of the City of Wetumpka. The dispute is over which entity or entities have the right to serve a newly developed...

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