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CLN PROPERTIES, INC. v. REPUBLIC SERVICES, INC.

No. CV 09-1428 PHX DGC.

688 F.Supp.2d 892 (2009)

CLN PROPERTIES, INC., et al., Plaintiffs, v. REPUBLIC SERVICES, INC., and Allied Waste Industries, Inc., Defendants.

United States District Court, D. Arizona.

January 13, 2010.

Attorney(s) appearing for the Case

Andrew S. Friedman, Kathryn Ann Jann, Bonnett Fairbourn Friedman & Balint PC, Phoenix, AZ, Daniel Hume, David Bishop, David Kovel, Kirby McInerney LLP, New York, NY, Francis Joseph Balint, Jr., Bonnett Fairbourn Friedman & Balint PC, Phoenix, AZ, J. Michael Ponder, Cook Barkett Maguire & Ponder LC, Cape Girardeau, MO, for Plaintiffs.

Gregory Bryan Iannelli, James Demosthenes Smith, Lawrence GD Scarborough, Jonathan Grant Brinson, Bryan Cave LLP, Phoenix, AZ, Michele Odorizzi, Mayer Brown LLP, Chicago, IL, for Defendants.

ORDER

DAVID G. CAMPBELL, District Judge.

On August 31, 2009, Plaintiffs filed their first amended class action complaint against Defendants. Dkt. #21. Defendants have filed a Rule 12(b)(6) motion to dismiss. Dkt. #24. The motion is fully briefed.1 For reasons that follow, the Court will grant Defendants' motion as to Count Five and deny it as to the remaining counts.2

I. Background.

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