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BARKER BROS. WASTE v. DYER COUNTY LEGISLATIVE BODY

No. 95-2942-GA.

923 F.Supp. 1042 (1996)

BARKER BROTHERS WASTE, INC.; Northwest Tennessee Disposal Corporation; Donna Parish; Regina Marshall; Lloyd Smith; and Linda Smith, Plaintiffs, v. DYER COUNTY LEGISLATIVE BODY; and the following individual Commissioners, in their capacity as Elected Officials: William Cloar; Ralph Henson; Richard Hill; John Holden; Johnny Jenkins; Barry Ladd; Milton Magee; Roland Morris; Terry McCreight; Willie Reasons and Joe Swafford; and Browning-Ferris Industries of Tennessee, Inc., Defendants.

United States District Court, W.D. Tennessee, Western Division.

January 16, 1996.

Attorney(s) appearing for the Case

Michael G. McLaren and Buckner Wellford, Thomas Hendrix Harvey Johnson & Mitchell, Memphis, TN, for Plaintiff.

Thomas L. McAllister, Harris Shelton Dunlap & Cobb, Memphis, TN, for Defendant Browning-Ferris Industries.

Russell E. Reviere, Rainey Kizer Butler Reviere & Bell, Jackson, TN, for Defendant Dyer County Legislative Body.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GIBBONS, District Judge.

This case arises out of the award of a contract for residential non-hazardous waste service in Dyer County, Tennessee. Plaintiffs, who include an unsuccessful bidder for the contract, seek a declaratory judgment and sue pursuant to 42 U.S.C. § 1983, alleging two claims under the United States Constitution — that defendant Dyer County Legislative Body (Dyer County) violated the Commerce...

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