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CITY OF VAN BUREN v. 64-71 HIGHWAY WATER CO.

No. 80-181.

605 S.W.2d 419 (1980)

CITY OF VAN BUREN et al., Appellants, v. 64-71 HIGHWAY WATER COMPANY, INC., Appellee.

Supreme Court of Arkansas.

Rehearing Denied October 27, 1980.

Attorney(s) appearing for the Case

Gary R. Cottrell, Van Buren, Warner & Smith, by Wayne Harris, Fort Smith, Conrad O. Pugh, Van Buren, for appellants.

Daily, West, Core, Coffman & Canfield, Fort Smith, Gant & Gant, Van Buren, for appellee.

GEORGE ROSE SMITH, Justice.

Since 1956 the appellee, a small privately owned water company, has been engaged as a public utility in supplying water to residents of an area of about 13 square miles originally entirely outside the Van Buren city limits. The city, beginning in 1965, from time to time annexed parts of the area being served by the water company, including what is now the Dewey Ray residential subdivision. No conflict between the water company and the city...

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