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G. FRUGE JUNK CO. v. CITY OF OAKLAND

No. C-85-8049-WWS.

637 F.Supp. 422 (1986)

G. FRUGE JUNK COMPANY, Plaintiff, v. CITY OF OAKLAND, a Municipal Corporation; City of San Leandro, A Municipal Corporation; Oakland Scavenger Company, and Odes 1 through 10, inclusive, Defendants.

United States District Court, N.D. California.

April 21, 1986.

Attorney(s) appearing for the Case

Alex Johnston, Mill Valley, Cal., for plaintiff.

Richard E. Winnie, City Atty., City of Oakland, Oakland, Cal., Steven R. Meyers, City Atty., City of San Leandro, San Leandro, Cal., Stephen McKae, Moore, Sizoo, Cantwell & McKae, Oakland Scavenger Co., Oakland, Cal., for defendants.

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

All defendants move for summary judgment on this complaint which attacks defendant Cities' exclusive franchising ordinances for solid waste handling and action taken under them by defendant franchisee. Because there is neither legal nor factual support for any of plaintiff's claims, and no material facts are in dispute, the motion must be granted.

Facts

Plaintiff is a sole...

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