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BROWNING-FERRIS, INC. v. BALTIMORE CTY., MD.

No. 84-2243.

774 F.2d 77 (1985)

BROWNING-FERRIS, INC., Appellant, v. BALTIMORE COUNTY, MARYLAND, a body corporate and politic Department of Health and Mental Hygiene, Harry R. Hughes, Governor, State of Maryland, Donald P. Hutchison, Baltimore County Executive, William M. Eichbaum, Assistant Secretary for Environmental Programs, Department of Health and Mental Hygiene, Ronald Nelson, Director, Waste Management Administration, Adele H. Wilzack, Secretary of Health and Mental Hygiene, Ted Zaleski, Jr., Director, Baltimore County Department of Permits and Licenses, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1985.

Attorney(s) appearing for the Case

Elizabeth Honeywell, Baltimore, Md. (John Henry Lewin, Jr., Benson Everett Legg, Venable, Baetjer & Howard, Baltimore, Md., on brief), for appellant.

Michael C. Powell, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., Eleanor M. Carey, Deputy Atty. Gen., Evelyn O. Cannon, Asst. Atty. Gen., Baltimore, Md., Malcolm F. Spicer, Jr., Co. Atty., John A. Austin, Asst. Co. Atty., Towson, Md., on brief), for appellees.

Before MURNAGHAN, ERVIN and SNEEDEN, Circuit Judges.

SNEEDEN, Circuit Judge:

Browning-Ferris, Inc. (BFI), the owner and operator of the Norris Farm Sanitary Landfill in Baltimore County, Maryland, filed an action in federal court against state and county officials and alleged that the defendants had arbitrarily and capriciously refused to renew BFI's refuse disposal permit for the Norris Farm Landfill. BFI alleged that the defendants were motivated by improper political or personal motives and singled out BFI for adverse...

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