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JAMES ISLAND PUBLIC SERVICE DIST. v. CHARLESTON

No. 00-1910.

249 F.3d 323 (2001)

JAMES ISLAND PUBLIC SERVICE DISTRICT, Plaintiff-Appellee, v. CITY OF CHARLESTON, SOUTH CAROLINA, Defendant-Appellant, and Andrew C. Smith, treasurer of Charleston County, in his official capacity; Town of Folly Beach; Peggy Moseley, auditor of Charleston County, in her official capacity; William O. Thomas, Jr., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 2001.

Attorney(s) appearing for the Case

ARGUED: William B. Regan, Regan, Cantwell & Stent, Charleston, SC, for Appellant. Trent Marrs Kernodle, Kernodle, Taylor & Root, Charleston, SC, for Appellee. ON BRIEF: Frances I. Cantwell, Carl W. Stent, Regan, Cantwell & Stent, Charleston, SC, for Appellant.

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Williams and Judge Michael joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The James Island Public Service District, which provides fire protection services to rural areas in South Carolina, seeks protection under § 306(D) of the Consolidated Farm and Rural Development Act, 7 U.S.C. § 1926(b) (1994), against certain actions taken by the City of Charleston. The...

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