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PITTSBURG CO. RURAL WATER v. CITY OF McALESTER

No. 02-7080.

346 F.3d 1260 (2003)

PITTSBURG COUNTY RURAL WATER DISTRICT NO. 7, an agency and legally constituted authority of the State of Oklahoma, Plaintiff-Appellant, v. CITY OF McALESTER, a municipality, and the McAlester Public Works Authority, a public trust, Defendants-Appellees, and Kenneth W. Sherill; Linda F. Sherill; Bar-19; Huntsman Edison Films Corporation, successor to Blessing Corp., d/b/a Edison Plastics; Mig, Inc.; Southeast Oklahoma Box Company; Tri-Cat, Inc.; Simmons Poultry Farms, Inc.; Dennis Defrange; Terry Kinyon; Pittsburg County Regional Exposition Authority; The Board of County Commissioners of the County of Pittsburg; H.G. Gilliam; Bill Webber; Oben Weeks; Thundercreek Golf Course Trust Authority, Defendants.

United States Court of Appeals, Tenth Circuit.

October 17, 2003.

Attorney(s) appearing for the Case

Michael D. Davis (Steven M. Harris with him on the briefs), Doyle, Harris, Davis & Haughey, Tulsa, OK, for Plaintiff-Appellant.

James C. Milton (Linda C. Martin, Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, Oklahoma, and Wesley Brown, Brown & Brown, McAlester, Oklahoma, with him on the brief), Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK for Defendants-Appellees.

Before HENRY, HOLLOWAY, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants violated Pitt-7's exclusive right under 7 U.S.C...

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