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NORTH ALAMO WATER v. CITY OF SAN JUAN, TEX.

No. 95-40048.

90 F.3d 910 (1996)

NORTH ALAMO WATER SUPPLY CORPORATION, Plaintiff-Appellee, v. CITY OF SAN JUAN, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1996.

Attorney(s) appearing for the Case

James William Dyer, McAllen, TX, for plaintiff-appellee.

Jesus Maria Ramirez, Jose Roberto Guerrero, Gavino Morin, Motalvo & Ramirez, McAllen, TX, for defendant-appellant.

Mary A. Keeney, Office of the Attorney General for the State of Texas, Austin, TX, for State of Texas amicus curiae.

Susan M. Horton, Texas Municipal League, Austin, TX, for Texas Municipal League amicus curiae.

Kenneth L. Petersen, Jr., Small, Craig & Werkenthin, Austin, TX, for Texas Rural Water Association amicus curiae.

Before KING, WIENER and BENAVIDES, Circuit Judges:

PER CURIAM:

This appeal involves a battle between Plaintiff-Appellee North Alamo Water Supply Company (Utility) and the Defendant-Appellant city of San Juan, Texas (City) over which one has the right to provide water service to five residential subdivisions (disputed areas) in or near the City. After the City began providing water service to the disputed areas, the Utility filed this suit, claiming that it had the exclusive...

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