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FREEMANVILLE WATER SYSTEM, INC. v. POARCH BAND OF CREEK INDIANS

No. 08-10602.

563 F.3d 1205 (2009)

FREEMANVILLE WATER SYSTEM, INC., Plaintiff-Appellant, v. POARCH BAND OF CREEK INDIANS, P.C.I. Gaming, Creek Indian Enterprises, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 30, 2009.

Attorney(s) appearing for the Case

Thomas Marriott Wood, H. William Wasden, Burr & Forman, LLP, Mobile, AL, for Plaintiff-Appellant.

Robin G. Laurie, Kelly Fitzgerald Pate, Balch & Bingham, LLP, Montgomery, AL, for Defendants-Appellees.

Before TJOFLAT and CARNES, Circuit Judges, and HOOD, District Judge.

CARNES, Circuit Judge:

An Indian tribe would like to develop its own water facilities and distribution system, but a rural water authority already exists to serve parts of the county, including all of the tribe's lands and members. Not wanting to lose any of its customer base, the water authority claims an exclusive right to continue serving those parts of the county. The source of the claimed right is the anti-curtailment provision of the Consolidated Farm and Rural...

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