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PUBLIC WATER SUPPLY v. CITY OF PECULIAR

No. WD 54531.

971 S.W.2d 849 (1998)

PUBLIC WATER SUPPLY DISTRICT NO. 10 OF CASS COUNTY, Missouri, Respondent, v. CITY OF PECULIAR, Missouri, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to July 28, 1998.

Attorney(s) appearing for the Case

James E. Thompson, Jr., Crouch, Spangler & Douglas, Harrisonville, for appellant.

Jeremiah D. Finnegan, Kansas City, Charles E. Hight, Harrisonville, for respondent.

Before EDWIN H. SMITH, P.J., and SMART and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court July 28, 1998.

ELLIS, Judge.

The City of Peculiar ("Peculiar") appeals from an order of summary judgment against it and in favor of Public Water Supply District No. 10 of Cass County ("PWSD"). PWSD is engaged in the business of owning, operating, and maintaining a public water supply system in Cass County. Peculiar maintains and operates a municipal water supply system.

In 1983, PWSD issued three...

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