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LEXINGTON-SOUTH ELKHORN WATER DIST. v. CITY OF WILMORE

No. 95-5497.

93 F.3d 230 (1996)

LEXINGTON-SOUTH ELKHORN WATER DISTRICT, Plaintiff-Appellant, Defendant-Appellant, v. CITY OF WILMORE, KENTUCKY, Defendant-Appellee, Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 16, 1996.

Attorney(s) appearing for the Case

William C. Rambicure, David R. Irvin (argued and briefed), Newberry, Hargrove & Rambicure, Lexington, KY, for Plaintiff-Appellant.

Robert L. Gullette, Jr. (argued), Gullette & Gullette, Nicholasville, KY, John N. Hughes (briefed), Frankfort, KY, for Defendant-Appellee.

Before: MARTIN, JONES, and NELSON, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

This is the appeal of a grant of summary judgment against the Lexington-South Elkhorn Water District in a declaratory action brought pursuant to 7 U.S.C. § 1926(b) seeking protection of the Water District's service area against encroachment by the City of Wilmore, Kentucky.

Lexington-South Elkhorn is a rural water association organized and existing pursuant to Kentucky law. Ky.Rev.Stat. Ann. §§ 65.810, 74...

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