United States Fifth Circuit

In a breach of contract action regarding a public water utility, an injunction requiring defendant to change its main pipe interface with plaintiff and turn over certain customer information to plaintiff is: 1) affirmed in part where the risk of an overload to Plaintiff-s water supply could harm the public interest; but 2) reversed in part, where plaintiff failed to show a threat of irreparable injury justifying its receipt of customer information.

Appellate Information

• Decided 07/21/2009
• Published 07/21/2009

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JONES, Chief Judge, and HIGGINBOTHAM and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Louis T. Rosenberg, San Antonio, TX, for Texas Rural Water Ass'n, Amicus Curiae.


• For Appellees:
  
• James Harrell Herring (argued), Herring, Long & Crews, Canton, MS, for Plaintiff-Appellee., William T. Siler, Jr. (argued), William Brett Harvey, Phelps Dunbar, L.L.P., Jackson, MS, for Defendant-Appellant.