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  5. 867 F.Supp. 1430 (1994)
 

BEN OEHRLEINS & SONS & DAUGHTER v. HENNEPIN COUNTY

Civ. No. 4-94-63.

867 F.Supp. 1430 (1994)

BEN OEHRLEINS AND SONS AND DAUGHTER, INC., Dick's Sanitation, Elk River Landfill, Inc., Gallagher's Service, Inc., Knutson Services, Inc., Randy's Sanitation, Inc., Poor Richard's, Inc., Vasko Rubbish Removal, Inc., Wasteco, Inc. and Waste Systems Corp., Plaintiffs, v. HENNEPIN COUNTY, MINNESOTA, Defendant.

United States District Court, D. Minnesota, Fourth Division.

November 1, 1994.

Attorney(s) appearing for the Case

Robert E. Cattanach, B. Andrew Brown, Alexandra B. Klass, and Dorsey & Whitney, Minneapolis, MN, for plaintiffs.

Charles N. Nauen, Robert J. Schmit, William A. Gengler, and Schatz Paquin Lockridge Grindal & Holstein, and Michael O. Freeman, Hennepin County Atty., Toni A. Beitz, Sr. Asst. County Atty., and Lon M. Erickson, Asst. County Atty., Minneapolis, MN, for Hennepin County.

ORDER

DOTY, District Judge.

This matter is before the court on defendant's motion to dismiss. Based on a review of the file, record and proceedings herein, and for the reasons stated below, defendant's motion to dismiss is granted in part and denied in part.

BACKGROUND

Hennepin County ("County"), a political subdivision of the State of Minnesota, owns and operates a mass-burn incinerator which it built as an alternative for disposal of...

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