DuPont Water Company Inc. v. City of Madison, Indiana

Plaintiff, a rural water association, filed a lawsuit alleging that defendant violated the plaintiff’s monopoly rights under federal law by selling water to a recently built county jail. The district court granted summary judgment in favor of the defendant, finding no evidence that plaintiff had “provided or made available” water service to the jail as was required to trigger the plaintiff’s monopoly rights and the Seventh Circuit affirmed. (SCUDDER and KIRSCH, concurring)