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CEN. IOWA REF. SYS. v. DES MOINES METRO. SOL. WASTE

Nos. 83-1039, 83-1107.

715 F.2d 419 (1983)

CENTRAL IOWA REFUSE SYSTEMS, INC., Appellant, v. DES MOINES METROPOLITAN SOLID WASTE AGENCY, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1983.

Attorney(s) appearing for the Case

James E. Brick, Brick, Seckington, Bowers, Swartz & Gentry, P.C., Des Moines, Iowa, for appellees except City of Des Moines, Iowa.

R. Michael Hayes, City Sol., Intergovernmental Programs, Des Moines, Iowa, for appellee City of Des Moines, Iowa.

F. Richard Lyford, Barbara G. Barrett, of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, Iowa, for appellant.

Before HEANEY, Circuit Judge, and GIBSON and ROSENN, Senior Circuit Judges.

ROSENN, Senior Circuit Judge.

This antitrust case raises a difficult question concerning the "state action" exemption from the federal antitrust laws. Plaintiff Central Iowa Refuse Systems, Inc. (CIRS) brought this action against the Des Moines Metropolitan Area Solid Waste Agency (Metro), and its constituent members, Polk County, Iowa and fifteen Iowa municipalities including the city of Des Moines (the municipal defendants). Metro operates a solid waste disposal...

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