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RURAL WATER SEWER & SOLID WASTE v. GUTHRIE

No. 107,468.

253 P.3d 38 (2010)

2010 OK 51

RURAL WATER SEWER AND SOLID WASTE MANAGEMENT, DISTRICT NO. 1, LOGAN COUNTY, OKLAHOMA, an agency and legally constituted authority of the State of Oklahoma, Plaintiff/Counter-Defendant/Appellee, v. CITY OF GUTHRIE, an Oklahoma Municipality; the Guthrie Public Works Authority, a public trust, Defendants/Counter-Claimants/Third-Party Plaintiffs/Appellants, v. Department of Agriculture, Third-Party Defendant/Appellee, and Community Program Loan Trust 1987A, a Massachusetts Business Trust, Third-Party Defendant.

Supreme Court of Oklahoma.

Rehearing Denied January 31, 2011.

Attorney(s) appearing for the Case

James C. Milton and Courtney Bru , Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, for Defendants/Appellants City of Guthrie and the Guthrie Public Works Authority.

Michael D. Davis , Steven M. Harris , Doyle Harris Davis & Haughey, Tulsa, OK, for Plaintiff/Appellee Rural Water, Sewer and Solid Waste Management District No. 1.

John C. Richter , United States Attorney, Steven K. Mullins & Kay Sewell , Assistant United States Attorneys, United States Attorney's Office, Oklahoma City, OK, for Third-Party Defendant/Appellee Department of Agriculture.

COLBERT, J.

¶ 1 The Rural Water, Sewer, and Solid Waste Management District No. 1 (Logan-1), filed an action in the Western District of Oklahoma against the City of Guthrie, an Oklahoma Municipality and the Guthrie Public Works Authority, a public trust (collectively Guthrie), claiming unlawful encroachment on its service area in an alleged violation of a federal law that protects rural water districts from competition while the district remains indebted on loans...

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