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SCIOTO CTY. REG. WATER DIST. 1 v. SCIOTO WATER INC.

No. 95-3918.

103 F.3d 38 (1996)

SCIOTO COUNTY REGIONAL WATER DISTRICT NO. 1, AUTHORITY, Plaintiff-Appellant, v. SCIOTO WATER INC., and Daniel R. Glickman, Secretary, United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 18, 1996.

Attorney(s) appearing for the Case

John W. Hurst (briefed), Schroeder, Maundrell, Barbiere & Powers, Cincinnati, OH, and Louis T. Rosenberg (argued and briefed), San Antonio, TX, for Plaintiff-Appellant.

Susanne M. Cetrulo (argued and briefed), Ware, Bryson, West, Bartlett, Kummer & Knapmeyer, Edgewood, KY, Steven Lee Mowery (briefed) Mowery, Brown & Blume, Wheelersburg, OH, and James Coombe (argued and briefed), Office of the U.S. Attorney, Cincinnati, OH, for Defendants-Appellees.

Before SUHRHEINRICH and DAUGHTREY, Circuit Judges; JOHNSTONE, District Judge.

DAUGHTREY, Circuit Judge.

Scioto County Regional Water District No. 1, Authority, the plaintiff in this action, is a regional water district that has operated in Ohio for 30 years. Although it previously had obtained financing through bonds issued to the Farmers Home Administration, the plaintiff repurchased the bonds and obtained private financing. When the defendant, a competitor, built a wellfield upstream from the plaintiff's wellfield, the plaintiff sought protection...

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