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WASTE RECYCLING v. S.E. ALA. SOLID WASTE DISPOSAL

Civ. A. No. 92-T-642-S.

814 F.Supp. 1566 (1993)

WASTE RECYCLING, INC., et al., Plaintiffs, v. SOUTHEAST ALABAMA SOLID WASTE DISPOSAL AUTHORITY, et al., Defendants.

United States District Court, M.D. Alabama, S.D.

March 8, 1993.

Attorney(s) appearing for the Case

Robert F. Northcutt, Charles B. Paterson, Montgomery, AL, for plaintiffs.

Woodham Wendell Cauley, Jr., Robert Dinning Thorington, Montgomery, AL, for defendants.

Ronald W. Farley, Alabama Dept. of Environmental Management, R. Craig Kneisel, William Duncan Little, Asst. Attys. Gen., Montgomery, AL, for amicus James H. Evans.

Bart Gregory Harmon, James W. Webb, Montgomery, AL, for amicus The Ass'n of Commissions of Alabama.

Charles H. Younger, Huntsville, AL, John Kenneth Smith, Alabama League of Municipalities, Legal Counsel, Montgomery, AL, for amicus Solid Waste Disposal Authority of the City of Huntsville, Alabama (Huntsville Authority), Alabama League of Municipalities.

H. Dean Mooty, Jr., Montgomery, AL.

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

The question presented in this lawsuit is whether three representative versions of municipal ordinances governing the collection and disposal of solid waste in a four-county region in southeastern Alabama impermissibly restrict the disposal of such waste to that area, in violation of the commerce clause of the United States Constitution, art. I, § 8, cl. 3. The plaintiffs are private businesses engaged...

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