BROWNING-FERRIS INDUSTRIES OF ALABAMA v. PEGUES

Civ. A. No. 85-H-228-N.

710 F.Supp. 313 (1987)

BROWNING-FERRIS INDUSTRIES OF ALABAMA, INC.; et al., Plaintiffs, v. Leigh PEGUES, etc.; et al., Defendants.

United States District Court, M.D. Alabama, N.D.

August 4, 1987.


Attorney(s) appearing for the Case

Steiner, Crum & Baker, Walter R. Byars, Montgomery, Ala., for plaintiffs.

David A. Ludder, Alabama Dept. of Environmental Management, Montgomery, Ala., for defendant Pegues.

Rushton Stakely, Johnston & Garrett, Robert A. Huffaker, Montgomery, Ala., and Ball, Ball, Duke & Matthews, Charles B. Patterson, Montgomery, Ala., for defendant Members.


MEMORANDUM OPINION

HOBBS, Chief Judge.

Browning-Ferris Industries of Alabama (BFI), as well as Joe Pilcher, Jr. and J. W. Casey, as Executors of the Estate of Harrell Hammonds, deceased, have brought this action seeking a declaration by this Court that an Act of the Alabama Legislature known as the Minus Act (Ala.Code § 22-30-5.1 (1984)) is unconstitutional violating the Fourteenth Amendment and the Commerce...

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