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D & F SANITATION v. CITY OF RED LODGE

No. 81-25.

640 P.2d 461 (1982)

D & F SANITATION SERVICE, a Montana corporation, Plaintiff and Appellant, v. CITY OF RED LODGE, Defendant and Respondent.

Supreme Court of Montana.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Alexander & Baucus, Great Falls, Neil Ugrin argued, Great Falls, for plaintiff and appellant.

Mike Greely, Atty. Gen., Helena, Arthur W. Ayers, Jr., argued, City Atty., Red Lodge, for defendant-respondent.

SHEA, Justice.

Plaintiff, D & F Sanitation Service, appeals from a summary judgment entered by the Carbon County District Court, which held unconstitutional section 7-13-4107, MCA, which retroactively prohibits a municipality from providing its own garbage collection service unless it gives any existing private garbage contractor five years notice of its intention to do so, or unless the municipality purchases the private contractor's equipment at fair market...

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