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

No. 12-3197.

720 F.3d 1269 (2013)

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

United States Court of Appeals, Tenth Circuit.

July 1, 2013.

Attorney(s) appearing for the Case

Steven M. Harris , Doyle Harris Davis & Haughey, Tulsa, OK ( Michael D. Davis , Doyle Harris Davis & Haughey, Tulsa, OK, and John W. Nitcher , Riling Burkhead & Nitcher, Lawrence, KS, with him on the briefs) for Appellant.

Curtis Tideman ( David Frye and Jeffrey R. King with him on the brief), Lathrop & Gage LLP, Overland Park, KS, for Appellee.

Before TYMKOVICH, Circuit Judge, HOLLOWAY, Senior Circuit Judge, and HOLMES, Circuit Judge.

TYMKOVICH, Circuit Judge.

This is the second appeal in a dispute involving Rural Water District No. 4 in Douglas County, Kansas and the City of Eudora, Kansas. The water district, Douglas-4, neighbors Eudora and contends Eudora is trying to poach Douglas-4's customers. Douglas-4 is currently indebted on a USDA-guaranteed loan, so Eudora's actions potentially violate a federal law which prohibits municipalities from poaching rural water districts' customers

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