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LEFRANCOIS v. STATE OF R.I.

Civ. A. No. 87-361 P.

669 F.Supp. 1204 (1987)

Jack LEFRANCOIS d/b/a Blackstone Valley Disposal v. STATE OF RHODE ISLAND and Rhode Island Solid Waste Management Corporation.

United States District Court, D. Rhode Island.

September 15, 1987.

Attorney(s) appearing for the Case

Howard Croll, Stephen Izzi, Fontaine & Croll, Ltd., Woonsocket, R.I., for plaintiff.

Gary Powers, David Prior, Rhode Island Atty. Gen's. Office, Albert West, Providence, R.I., for defendants.

OPINION AND ORDER

PETTINE, Senior District Judge.

This case presents the question of whether a state may prohibit the disposal of out-of-state waste at a state-subsidized sanitary landfill where no privately owned landfill provides an alternative disposal site for out-of-state waste. Specifically at issue in this case is the constitutional validity of section 23-19-13.1 of the Rhode Island General laws, which imposes criminal sanctions upon any individual...

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