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RURAL WATER DIST. NO. 4 v. CITY OF EUDORA, KAN.

Nos. 09-3282, 09-3299.

659 F.3d 969 (2011)

RURAL WATER DISTRICT NO. 4, DOUGLAS COUNTY, KANSAS, Plaintiff-Appellee/Cross-Appellant, v. CITY OF EUDORA, KANSAS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 26, 2011.

Attorney(s) appearing for the Case

Curtis Tideman ( David Frye and Jeffrey R. King with him on the briefs), of Lathrop & Gage LLP, Overland Park, KS, for Defendant-Appellant/Cross-Appellee.

Steven M. Harris of Doyle Harris Davis & Haughey, Tulsa, OK, ( Michael D. Davis of Doyle Harris Davis & Haughey; John W. Nitcher of Riling Burkhead & Nitcher, Lawrence, KS, with him on the briefs) for Plaintiff-Appellee/Cross-Appellant.

Before TYMKOVICH, McKAY, and GORSUCH, Circuit Judges.

McKAY, Circuit Judge.

This appeal arises out of a dispute between a city and a rural water district over their rights to serve customers in several recently annexed areas of Douglas County, Kansas. Rural Water District No. 4 ("Douglas-4" or "the District") brought this suit against the city of Eudora under 42 U.S.C. § 1983, alleging the City violated Douglas-4's exclusive right to provide water service to current and prospective customers in violation of 7 U...

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