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CARL HIZEL & SONS v. BROWNING-FERRIS INDUSTRIES

No. 83-K-1743.

600 F.Supp. 161 (1985)

CARL HIZEL & SONS, INC.; Black Diamond Land & Cattle Co., d/b/a Gerlach Roll-Off Services, Inc.; Gerlach Rubbish Removal; Trash Unlimited; Supreme Disposal Service, Inc.; B and H Sanitation Service; Ginther Rubbish Removal; Northwest Disposal Co.; Disposal, Inc.; and Blue Barrel Disposal, Inc., Plaintiffs, v. BROWNING-FERRIS INDUSTRIES, INC.; Browning-Ferris Industries of Colorado, Inc., d/b/a BFI Waste Systems, and Landfill, Inc., Defendants.

United States District Court, D. Colorado.

January 4, 1985.

Attorney(s) appearing for the Case

Robert F. Hanley, Janet C. Perriman, Alan K. Palmer, Philip D. Bartz, Morrison & Foerster, Denver, Colo., for plaintiffs.

John B. Moorhead, Baker & Hostetler, Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Plaintiffs are eleven independently owned companies in the business of picking up and hauling away trash. Defendants, a Delaware corporation and two of its wholly owned subsidiaries are in the same business, and are alleged to own and operate four of the seven landfill dumping sites in the Denver, Colorado metropolitan area. These sites include the two most conveniently located and commercially useful landfill...

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