United States Sixth Circuit

In a case alleging that a proposed water supply arrangement violated 7 U.S.C. section 1926(b), the district court's denial of summary judgment to the defendant was reversed, where although the plaintiff had provided or made service available in the disputed area, a water district cannot use 1926(b) as a sword to force new customers who are outside that area to receive service through the water district.

Appellate Information

• Argued 06/12/2003
• Decided 10/10/2003
• Published 10/10/2003

Judges

• Before KEITH, MOORE, and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Garry E. Hunter (argued and briefed), Law Director, Athens, OH, for Appellant., Barry M. Byron, Willoughby, OH, Dennis M. O'Toole, Stephen P. Bond (briefed), Baumgartner & O'Toole, Elyria, OH, for Amici Curiae.


• For Appellees:
  
• Orla E. Collier III (argued and briefed), Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, for Appellee.