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TOWN OF HALLIE v. CITY OF EAU CLAIRE

No. 82-1715.

700 F.2d 376 (1983)

TOWN OF HALLIE, Town of Seymour, Town of Union and Town of Washington, Wisconsin townships, Plaintiffs-Appellants, v. CITY OF EAU CLAIRE, a Wisconsin municipal corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 17, 1983.

Attorney(s) appearing for the Case

Claude J. Covelli, Boardman, Suhr, Curry & Field, Madison, Wis., for plaintiffs-appellants.

Frederick W. Fischer, Eau Claire, Wis., for defendant-appellee.

Before ESCHBACH, Circuit Judge, COFFEY, Circuit Judge, and WISDOM, Senior Circuit Judge.

WISDOM, Senior Circuit Judge.

Four towns allege that a city is using a monopoly over sewage treatment services in the relevant geographic market to gain a monopoly in the markets for sewage collection and sewage transportation in violation of the Sherman Act, 15 U.S.C. § 1 et seq. (1973), the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (1978), and a state common law duty of a utility to serve....

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