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TOM HUDSON & ASSOCIATES v. CITY OF CHULA VISTA

No. 83-6467.

746 F.2d 1370 (1984)

TOM HUDSON & ASSOCIATES, INC., and Tom Hudson, Plaintiffs-Appellees, v. CITY OF CHULA VISTA, SCA Services Inc., and Chula Vista Sanitary Service, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1984.

As Amended November 5, 1984.

Attorney(s) appearing for the Case

Robert C. Fellmeth, Hallen D. Rosner, San Diego, Cal., for plaintiffs-appellees.

Thomas J. Harron, Chula Vista, Cal., Patrick Lynch, Thomas Gibbs, O'Melveny & Myers, Los Angeles, Cal., for defendants-appellants.

Timothy H.B. Yaryan, Sacramento, Cal., amicus curiae for Greater Los Angeles Solid Wastes Management Assoc.

Richard K. Turner, Turner & Sullivan, Sacramento, Cal., Z. Harry Astor, Orange, Cal., amicus curiae for Cal. Refuse Removal Council Northern California.

Robert J. Logan, City Atty., San Jose, Cal., amicus curiae for the City of San Jose.

Before ANDERSON, SKOPIL, and POOLE, Circuit Judges.

POOLE, Circuit Judge:

This case presents the issue whether California cities are exempt from federal antitrust scrutiny when granting exclusive trash collection franchises.

I.

Plaintiffs-appellees are two trash removal companies, Hudson & Associates and G.B. Services, and their individual owners. Defendants-appellants are the City of Chula Vista, California, and Chula Vista Sanitary Services (CVSS), a competing private trash collection firm,...

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