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CITY OF MADISON, MISS. v. BEAR CREEK WATER ASS'N, INC.

No. 86-4552.

816 F.2d 1057 (1987)

CITY OF MADISON, MISSISSIPPI, Plaintiff-Appellant, v. BEAR CREEK WATER ASSOCIATION, INC., Defendant-Appellees, United States of America, through its agency, Farmers Home Administration, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1987.

Attorney(s) appearing for the Case

E. Stephen Williams, Stephen W. Rimmer, Michael T. Parker, Jackson, Miss., for plaintiff-appellant.

Leslie J. England, Rapid City, S.D., for amicus Rapid City.

James H. Herring, Canton, Miss., Michael T. Parker, Jackson, Miss., for amicus Miss. Mun. Assoc.

Laura E. Frossard, Dept. of Justice, Appellate Section, Land & Natural Resources, Washington, D.C., L.A. Smith, III, Asst. U.S. Atty., Jackson, Miss., Martin W. Matzen, Atty., Dept. of Justice, Appellate Section, Land & Natural Resources, Washington, D.C., for U.S.

James P. Coleman, Ackerman, Miss., for amicus curiae Miss. Rural Water Assoc.

Louis T. Rosenberg, San Antonio, Tex., for amicus curiae Green Valley Water Supply Corp. and Texas Rural Water Supply Assoc.

Before THORNBERRY, GEE, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The City of Madison, Mississippi ("Madison"), appeals from the district court's grant of summary judgment in favor of Bear Creek Water Association, Inc. ("Bear Creek"), and the Farmers Home Administration ("FmHA"). Because we agree with the district court that 7 U.S.C. § 1926(b) precludes municipal condemnation of a water association's facilities during the term of its indebtedness to the FmHA, we affirm.

I. BACKGROUND...

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