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RURAL WATER SEWER & SOLID WASTE v. CITY OF GUTHRIE

Nos. 08-6003, 08-6066.

654 F.3d 1058 (2011)

RURAL WATER SEWER AND SOLID WASTE MANAGEMENT, DISTRICT NO. 1, LOGAN COUNTY, OKLAHOMA, an agency and legally constituted authority of the State of Oklahoma, Plaintiff-Counter-Defendant-Appellee, v. CITY OF GUTHRIE, an Oklahoma Municipality; The Guthrie Public Works Authority, a public trust, Defendants-Counterclaimants-Third-Party Plaintiffs-Appellants, v. Department of Agriculture, Third-Party-Defendant-Appellee, and Community Program Loan Trust 1987A, a Massachusetts Business Trust, Third-Party Defendant.

United States Court of Appeals, Tenth Circuit.

July 25, 2011.

Attorney(s) appearing for the Case

James C. Milton (Courtney Bru, with him on the briefs) Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, for Defendants-Appellants City of Guthrie and The Guthrie Public Works Authority.

Michael D. Davis ( Steven M. Harris , with him on the brief) Doyle Harris Davis & Haughey, Tulsa, OK, for Plaintiff-Appellee Rural Water, Sewer and Solid Waste Management District No. 1.

Steven K. Mullins ( John C. Richter , United States Attorney & Kay Sewell, Assistant United States Attorney, on the brief) United States Attorney's Office, Oklahoma City, OK, for Third-Party Defendant-Appellee Department of Agriculture.

Before GORSUCH, EBEL and MATHESON, Circuit Judges.

EBEL, Circuit Judge.

This case involves a dispute between two water service providers over which one of them is entitled to serve certain customers located in and around Guthrie, Oklahoma. Plaintiff-Appellee Rural Water, Sewer and Solid Waste Management District No. 1 of Logan County ("Logan-1") claims that its right to serve these customers is grounded in state law, but is protected from competition from encroaching water...

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