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PUBLIC WATER SUPPLY DIST. NO. 3 OF LACLEDE CNTY. v. CITY OF LEBANON, MO.

No. 09-2006.

605 F.3d 511 (2010)

PUBLIC WATER SUPPLY DISTRICT NO. 3 OF LACLEDE COUNTY, MISSOURI, Appellant, v. CITY OF LEBANON, Missouri, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 14, 2010.

Attorney(s) appearing for the Case

Michael D. Davis, argued, Tulsa, OK, (Scott Andrew Robbins, Poplar Bluff, MO, Steven M. Harris, Tulsa, OK, on the brief), for appellant.

Steven David Soden, argued, Kansas City, MO, (Mark Douglas Harpool, Springfield, MO, Terry J. Satterlee, Matthew L. Larsen, Kansas City, MO, Peter Allen Lee, Stockton, MO, on the brief), for appellee.

Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY, District Judge.

GRUENDER, Circuit Judge.

Public Water Supply District No. 3 of Laclede County, Missouri ("the District") brought this suit against nearby City of Lebanon, Missouri ("the City"), alleging that the City is illegally providing water and sewer services to customers within the District's boundaries. The District argues that the City, in providing services to these customers, violated the requirement of 7 U.S.C. § 1926(b) that "[t]he service provided or made available...

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