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LE-AX WATER DIST. v. CITY OF ATHENS, OHIO

No. 02-3016.

346 F.3d 701 (2003)

LE-AX WATER DISTRICT, Plaintiff-Appellee, v. CITY OF ATHENS, OHIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 10, 2003.

Petition for Rehearing Denied: December 30, 2003.

Attorney(s) appearing for the Case

ARGUED: Garry E. Hunter (argued and briefed), LAW DIRECTOR, Athens, Ohio, for Appellant.

Orla E. Collier III (argued and briefed), BENESCH, FRIEDLANDER, COPLAN & ARONOFF, Columbus, Ohio, for Appellee.

ON BRIEF: Garry E. Hunter, LAW DIRECTOR, Athens, Ohio, for Appellant.

Orla E. Collier III, BENESCH, FRIEDLANDER, COPLAN & ARONOFF, Columbus, Ohio, for Appellee.

Barry M. Byron, Willoughby, Ohio, Dennis M. O'Toole, Stephen P. Bond (briefed), BAUMGARTNER & O'TOOLE, Elyria, Ohio, for Amici Curiae.

Before: KEITH, MOORE, and GIBBONS, Circuit Judges.

Petition for Rehearing Denied En Banc: December 30, 2003.

Pursuant to Sixth Circuit Rule 206

MOORE, J., delivered the opinion of the court, in which KEITH, J., joined. GIBBONS, J. (pp. 710-712), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The defendant City of Athens, Ohio ("Athens") appeals the district court's grant of summary judgment and of a declaratory judgment to the plaintiff Le-Ax ...

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