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BELL ARTHUR WATER CORP. v. GREENVILLE UTIL. COM'N

No. 97-2533.

173 F.3d 517 (1999)

BELL ARTHUR WATER CORPORATION, Plaintiff-Appellant, and Daniel R. Glickman, Secretary, United States Department of Agriculture, Plaintiff, v. GREENVILLE UTILITIES COMMISSION; City of Greenville, NC; Ironwood Development, Incorporated, Defendants-Appellees. North Carolina Rural Water Association; Arkansas Rural Water Association; South Carolina Rural Water Association; Eastern Pines Water Corporation; Texas Rural Water Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1999.

Attorney(s) appearing for the Case

ARGUED: Louis Thomas Rosenberg, Law Offices of Louis T. Rosenberg, P.C., San Antonio, Texas, for Appellant. William Jarvis Little, III, Little & Swank, L.L.P., Greenville, North Carolina, for Appellees. ON BRIEF: W.H. Watson, Speight, Watson & Brewer, Greenville, North Carolina, for Appellant. Philip R. Dixon, Dixon, Doub & Conner, Greenville, North Carolina, for Appellee Commission; David A. Holec, City Attorney, Greenville, North Carolina, for Appellee City; Danny D. McNally, Gaylord, McNally, Strickland & Snyder, Greenville, North Carolina, for Appellee Ironwood. J.W. Dyer, Sharon Almaguer, Dyer & Denham, P.L.L.C., McAllen, Texas, for Amici Curiae.

Before NIEMEYER, HAMILTON, and LUTTIG, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

Bell Arthur Water Corporation, a provider of water service to rural areas in Pitt County, North Carolina, seeks protection under § 306(b) of the Consolidated Farm and Rural Development Act, 7 U.S.C. § 1926(b), against the competitive actions of the City of Greenville and the Greenville Utilities Commission. The City annexed an area known as Ironwood, which Bell Arthur claims was in its service area, and the Commission...

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