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SWIN RESOURCE SYSTEMS, INC. v. LYCOMING COUNTY

No. 88-5500.

883 F.2d 245 (1989)

SWIN RESOURCE SYSTEMS, INC., Appellant, v. LYCOMING COUNTY, PENNSYLVANIA, Acting Through the LYCOMING COUNTY SOLID WASTE DEPARTMENT; Wilt, Dolly M.; and Smith, Gene; and Morningstar, Lora P., all in their respective official capacities as Commissioners of Lycoming County, Pennsylvania and in each of their individual capacities; and Alexander, Wayne I., in his official capacity as General Manager of Solid Waste Facilities of the Lycoming County Solid Waste Department and in his individual capacity, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 25, 1989.

Rehearing and Rehearing Denied September, 1989.

Attorney(s) appearing for the Case

John P. Krill, Jr. (argued), Carleton O. Strouss, Kirkpatrick & Lockhart, Harrisburg, Pa., Richard A. Gahr, Gahr & Sholder, Williamsport, Pa., for appellant.

J. David Smith (argued), Paul J. Ryan, McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, Williamsport, Pa., for appellees.

Before GIBBONS, Chief Judge, and BECKER and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied September, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiff-appellant Swin Resource Systems, Inc. ("Swin") owns and operates a solid waste processing facility in Hemlock Township, Columbia County, Pennsylvania. Defendant-appellee Lycoming County ("Lycoming"), a Pennsylvania county, operates a landfill in Brady Township, in Lycoming. The case at bar arises from Lycoming's decision to charge a lower...

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