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RURAL WATER DIST. NO. 2 v. CITY OF GLENPOOL

No. 11-5154.

698 F.3d 1270 (2012)

RURAL WATER DISTRICT NO. 2, Creek County, Oklahoma, an agency and legally constituted authority of the State of Oklahoma, Plaintiff-Appellant, v. CITY OF GLENPOOL, an Oklahoma Municipality, The Glenpool Utility Services Authority, a public trust, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 30, 2012.

Attorney(s) appearing for the Case

Steven M. Harris ( Michael D. Davis with him on the brief), Doyle Harris Davis & Haughey, Tulsa, OK, for Appellant.

Lowell Peterson ( James C. Milton , Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, with him on the brief), City Attorney, City of Glenpool, Glenpool, OK, for Appellees.

Before TYMKOVICH, BALDOCK, and GORSUCH, Circuit Judges.

BALDOCK, Circuit Judge.

Congress enacted 7 U.S.C. § 1926(b) as part of a federal statutory scheme to extend loans and grants to certain associations providing water service to farmers, ranchers, and other rural residents. Section 1926(b) prohibits other water utilities from encroaching upon services provided by federally indebted water associations. Plaintiff, Rural Water District No. 2 Creek County, Oklahoma, a rural water provider covered by § 1926(b)...

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