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PUBLIC WATER SUPPLY DIST. NO. 8 v. CITY OF KEARNEY

No. 04-2072.

401 F.3d 930 (2005)

PUBLIC WATER SUPPLY DISTRICT NO. 8 OF CLAY COUNTY, MISSOURI, Appellant, v. CITY OF KEARNEY, MISSOURI; Ronald L. Davisson; Alan W. York, Trustee; Paula A. York, Trustee, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 25, 2005.

Attorney(s) appearing for the Case

Michael D. Davis, argued, Tulsa, OK (Steven M. Harris and Karl Zobrist, on the brief), for appellant.

Neil R. Shortlidge, argued, Overland Park, KS (Christopher J. Leopold, R. Brian Hall, and David S. Baker, on the brief), for appellee.

Before LOKEN, Chief Judge, and MORRIS SHEPPARD ARNOLD and MURPHY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The controversy underlying this appeal is a dispute over whether Public Water Supply District Number 8 or the City of Kearney will supply water to certain property owners in Missouri. But we need not reach the merits of this dispute to resolve the appeal because we conclude that the case is not ripe. We therefore remand the case to the district court for entry of a judgment dismissing the case without prejudice.

The District...

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