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BENNETT ELEC. CO. v. VILLAGE OF MIAMI SHORES

No. 97-0727-CIV.

11 F.Supp.2d 1348 (1998)

BENNETT ELECTRIC COMPANY, a Florida corporation, and West Side Sanitation, Inc., d/b/a Lazaro's Waste & Recycling Systems, Inc., a Florida corporation, Plaintiffs, v. The VILLAGE OF MIAMI SHORES, a Florida municipality, Defendant.

United States District Court, S.D. Florida.

May 6, 1998.

Attorney(s) appearing for the Case

Susan April, Holland & Knight, Howard Mazloff, Howard Mazloff, P.A., Miami, FL, for Plaintiffs.

Scott E. Perwin, Kenny Nachwalter Seymour Arnold Critchlow & Spector, P.A., Richard Sarafan, Richard & Richard, P.A., Miami, FL, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND ORDER CLOSING CASE

MORENO, District Judge.

This case presents the question of whether a municipality's decision to take control of the local waste collection market violates the Commerce Clause or the federal antitrust laws. The Court concludes that the municipality's actions neither discriminate against nor unduly burden interstate commerce, and that the municipality is entitled to state action immunity...

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