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SOUTHERN STATES LANDFILL v. GEORGIA DNR

Civ.A. No. 91-269-3-MAC(WDO).

801 F.Supp. 725 (1992)

SOUTHERN STATES LANDFILL, INC., Plaintiff, v. GEORGIA DEPARTMENT OF NATURAL RESOURCES, et al., Defendants.

United States District Court, M.D. Georgia, Macon Division.

August 11, 1992.

Attorney(s) appearing for the Case

William E. Hicks, Dublin, Ga. and Linwood Robert Lovett, Macon, Ga., for plaintiff.

Barbara H. Gallo and Alan Gantzhorn, Atlanta, Ga., for defendants.

ORDER

OWENS, Chief Judge.

This case is the lead case in an action that has been partially consolidated with Geowaste of Georgia, Inc. v. Tanner, 92-60-VAL(WDO). The question before the court is whether the Georgia statutes and regulations that apply to out-of-state waste, or "special solid waste," are constitutionally valid under the dormant Commerce Clause. Both sides have moved for summary judgment.

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