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RURAL WATER SYSTEM # 1 v. CITY OF SIOUX CENTER

Nos. 98-4160, 99-2005.

202 F.3d 1035 (2000)

RURAL WATER SYSTEM # 1, an Iowa Non-Profit Corporation, Appellee, v. CITY OF SIOUX CENTER, Iowa, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 26, 2000.

Rehearing and Rehearing Denied March 7, 2000.

Attorney(s) appearing for the Case

Ivan T. Webber, Des Moines, Iowa, argued, for appellant.

Louis T. Rosenberg, San Antonio, Texas, argued (Randall G. Sease, on the brief), for appellee.

Before BEAM and HEANEY, Circuit Judges, and KYLE, District Judge.

Rehearing and Rehearing En Banc Denied March 7, 2000.

BEAM, Circuit Judge.

The City of Sioux Center, Iowa, appeals the district court's decision that it violated 7 U.S.C. § 1926(b) by curtailing the service area of Rural Water System # 1 (RWS # 1). Sioux Center also appeals the district court's decision to award RWS # 1 attorney fees. We affirm in part and reverse in part.

I. BACKGROUND

RWS # 1 is a nonprofit corporation organized under...

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