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MOHAVE DISPOSAL, INC. v. CITY OF KINGMAN

No. 1 CA-CV 93-0428.

184 Ariz. 368 (1995)

909 P.2d 435

MOHAVE DISPOSAL, INC., Plaintiff-Appellant, v. CITY OF KINGMAN, an Arizona municipal corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Review Granted January 17, 1996.

Attorney(s) appearing for the Case

Bonn, Luscher, Padden & Wilkins, Chartered by Paul V. Bonn, Randall D. Wilkins, John H. Cassidy, Phoenix, for plaintiff-appellant.

Charlotte A. Wells, Kingman City Atty., Kingman, for defendant-appellee.

Gammage & Burnham P.L.C. by Michael B. Withey, Cameron C. Artigue, Phoenix, for amicus curiae, Nat. Solid Waste Management Ass'n, for plaintiff-appellant.

Shelley & Bethea by J. LaMar Shelley, Mesa, for amicus curiae League of Arizona Cities and Towns, for defendant-appellee.

CONTRERAS, Presiding Judge.

Mohave Disposal, Inc., ("Mohave Disposal"), is a private corporation engaged in garbage collection service in Mohave County, Arizona. It sought compensation under Arizona Revised Statutes Annotated ("A.R.S.") section 9-516.A (1990) as a "public utility service" when the City of Kingman ("City") began providing competing garbage collection service in areas already served by Mohave Disposal.1 We conclude that...

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