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WESTERN WASTE SERVICE v. UNIVERSAL WASTE CONTROL

No. 77-3131.

616 F.2d 1094 (1980)

WESTERN WASTE SERVICE SYSTEMS, Plaintiff-Appellant, v. UNIVERSAL WASTE CONTROL and Waste Management, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 28, 1980.

Attorney(s) appearing for the Case

P. Richard Meyer, Meyer, Vucichevich & Cimala, Phoenix, Ariz., for plaintiff-appellant.

Joseph V. Giffin, Chicago, Ill., argued, for defendants-appellees; Paul G. Ulrich, Lewis & Roca, Phoenix, Ariz., Joseph V. Giffin, Chadwell, Kayser, Ruggles, McGee & Hastings, Chicago, Ill., on brief.

Before KENNEDY and ANDERSON, Circuit Judges, and CLAIBORNE, District Judge.

KENNEDY, Circuit Judge:

The narrow issue in this case is whether a garbage collection business in Phoenix, Arizona sufficiently affects interstate commerce to fall within the protection of section 1 of the Sherman Act. Finding this court's previous decision in Sun Valley Disposal Co. v. Silver State Disposal Co., 420 F.2d 341 (9th Cir. 1969), to be controlling, the district court granted a pretrial motion to dismiss the action...

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