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PUBLIC WATER SUPPLY DIST. v. CITY OF PECULIAR

No. 03-1685.

345 F.3d 570 (2003)

PUBLIC WATER SUPPLY DISTRICT NO. 10 OF CASS COUNTY, MISSOURI, Plaintiff-Appellant, v. CITY OF PECULIAR, MISSOURI, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 3, 2003.

Attorney(s) appearing for the Case

Jeremiah D. Finnegan, argued, Kansas City, MO, for appellant.

Staci O. Schorgl, argued, Kansas City, MO (Steven E. Mauer and Daniel R. Young, on the brief), for appellee.

Before SMITH, LAY, and BRIGHT, Circuit Judges.

LAY, Circuit Judge.

Public Water Supply District No. 10 (the "District") seeks a declaratory judgment alleging that the City of Peculiar (the "City") is illegally acting to dissolve the District, under Missouri Rev. Stat. § 247.220, in violation of 7 U.S.C. § 1926(b). It also seeks damages under 42 U.S.C. § 1983 arising from any curtailment or limitation of its rights to sell water within its territory as a result of the City's illegal competition....

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