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HANCOCK INDUSTRIES v. SCHAEFFER

No. 86-1266.

811 F.2d 225 (1987)

HANCOCK INDUSTRIES and Ace Service Corp. and Eastern Waste Removal and Charles Crumbley, Inc. and Edward Lawrenson, Inc. v. SCHAEFFER, Erik J., individually and in his official capacity as Executive Director of Chester County Solid Waste Authority, and Chester County Solid Waste Authority and County of Chester and Petaccio, Victor, individually and in his official capacity as Executive Director of Delaware County Incinerator (Solid Waste) Authority, and Delaware County Incinerator (Solid Waste) Authority and County of Delaware Appeal of HANCOCK INDUSTRIES, Ace Service Corporation, Eastern Waste Removal and Edward Lawrenson, Inc.

United States Court of Appeals, Third Circuit.

Decided February 6, 1987.

Attorney(s) appearing for the Case

Nolan N. Atkinson, Jr., Mark Lipowicz (argued), Atkinson & Archie, Philadelphia, Pa., for appellants.

Joseph A. Tate (argued), Stephen D. Brown, Alison M. Benders, Schnader, Harrison, Segal & Lewis, Jon A. Baughman, Jonathan A. Broder, Pepper, Hamilton & Scheetz, Philadelphia, Pa., James E. McErlane, Lamb, Windle & McErlane, West Chester, Pa., for appellees J. Erik Schaeffer, Chester County Solid Waste Authority, and County of Chester.

Before SLOVITER and STAPLETON, Circuit Judges, and FARNAN, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The Chester County Solid Waste Authority ("Chester Authority") owns and operates the Lanchester Landfill. The Delaware County Incinerator (Solid Waste) Authority ("Delaware Authority") owns and operates the Colebrookdale Landfill. This lawsuit by private haulers of Philadelphia solid waste was precipitated by the closing of these landfills to waste originating outside of the respective counties other than that...

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