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CITY OF ESTACADA v. AM. SANITARY SERVICE

No. 77-2-89; CA 11871.

599 P.2d 1185 (1979)

41 Or.App. 537

CITY OF ESTACADA, a Municipal Corporation, Respondent-Cross-Appellant, v. AMERICAN SANITARY SERVICE, Inc., Appellant-Cross-Respondent. Dan Walker, Defendant, v. City of Estacada, a Municipal Corporation, Respondent-Cross-Appellant, and County of Clackamas, Oregon, Defendant.

Court of Appeals of Oregon.

Decided August 20, 1979.

Attorney(s) appearing for the Case

Paul D. Schultz, Oregon City, argued the cause for respondent City of Estacada. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

John M. Berman, Portland, argued the cause for appellant American Sanitary Service, Inc. With him on the briefs were Harold C. Pope, Craig E. Iverson, and Dezendorf, Spears, Lubersky & Campbell, Portland.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

This is a declaratory judgment action. American Sanitary Service ("Sanitary") has a franchise from Clackamas County ("county") to perform solid waste collection service in unincorporated areas. Walker has a franchise from the city to perform solid waste collection service within the city's boundaries. After the city annexed part of Sanitary's area, Walker claimed the right to serve that area. The city initiated this action, asking for a declaration...

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