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

Case No. 07-2463-JAR.

604 F.Supp.2d 1298 (2009)

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

United States District Court, D. Kansas.

March 9, 2009.

Attorney(s) appearing for the Case

John W. Nitcher, Riling, Burkhead & Nitcher, Chtd., Lawrence, KS, Michael D. Davis, Steven M. Harris, Doyle Harris Davis & Haughey, Tulsa, OK, Michael Colby Kirkham, Sanders Conkright & Warren LLP, Overland Park, KS, for Plaintiff.

Curtis L. Tideman, David R. Frye, Jeffrey R. King, Lathrop & Gage, LC, Overland Park, KS, for Defendant.

MEMORANDUM AND ORDER

JULIE A. ROBINSON, District Judge.

Plaintiff Rural Water District No. 4, Douglas County, Kansas ("Rural"), filed this Complaint under 42 U.S.C. § 1983, claiming that it is protected under 7 U.S.C. § 1926(b), which gives it the right to provide water service to its service area. Rural claims that defendant City of Eudora ("City") violated § 1926 by annexing certain properties within its service area and proceeding...

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