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SOUTHCENTRAL PENN. WASTE v. BEDFORD-FULTON WASTE

Civ. A. No. 1:CV-93-1318.

877 F.Supp. 935 (1994)

SOUTHCENTRAL PENNSYLVANIA WASTE HAULERS ASSOCIATION, et al., Plaintiffs, v. BEDFORD-FULTON-HUNTINGDON SOLID WASTE AUTHORITY, et al., Defendants.

United States District Court, M.D. Pennsylvania.

As Amended June 28, 1994.

Attorney(s) appearing for the Case

Bernard A. Labuskes, Jr., Scott A. Gould, Harrisburg, PA, for Southcentral Pennsylvania Waste Haulers Ass'n, Howell Trucking Inc., Queen City Leasing, Inc., Park's Garbage Service, Inc., Samuel E. Slates, A.L. Douglas, Valena Carper, Stanton Querry, Worthy's Refuse Service, Fred Bousom, Charlotte Snyder, T. Ray Peck.

Charles A. Bierbach, Huntingdon, PA, Paul Stephan Kline, Robert B. Hoffman, Franklin L. Kury, Reed Smith Shaw & McClay, Harrisburg, PA, for Bedford-Fulton-Huntingdon Solid Waste Authority, Bedford County.

Susan E. Schwab, Charles E. Gutshall, Kenneth L. Joel, Rhoads & Sinon, Harrisburg, PA, for Fulton County, Huntingdon County.

Carl B. Schultz, Central Legal Litigation, Melanie G. Cook, PA Dept. Environmental Resources, Central Region Litigation, Harrisburg, PA, for Com. of Pennsylvania, Dept. of Environmental Resources.

MEMORANDUM

RAMBO, Chief Judge.

This case presents a challenge to the "flow control" component of the waste management plan adopted by Defendants in this case. Plaintiffs argue that the restrictions violate the "dormant" or "negative" Commerce Clause of the United States Constitution. The case is before the court on several parties' motions for summary judgment which have been briefed1 and are ripe for disposition.

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