FINANCIAL GUAR. INS. v. CITY OF FAYETTEVILLE, ARK.

Civ. No. 90-5052.

749 F.Supp. 934 (1990)

FINANCIAL GUARANTY INSURANCE COMPANY, Plaintiff, v. The CITY OF FAYETTEVILLE, ARK., et al., Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

October 5, 1990.


Attorney(s) appearing for the Case

Larry W. Burks, Friday, Eldredge & Clark, Little Rock, Ark., Brian S. Fraser, Robert S. Rifkind of Cravath, Swaine & Moore, New York City, for plaintiff.

Walter R. Niblock, Katherine C. Gay, Niblock Law Firm, Fayetteville, Ark., Steven F. Pflaum, McDermott, Will & Emery, Chicago, Ill., Thomas M. Ingoldsby, McDermott, Will & Emery, Washington, D.C., for defendant City of Fayetteville, Ark.

George E. Butler, Jr., Washington County Atty., Fayetteville, Ark., for defendant Washington County, Ark.

Jerome J. Paddock, Jr., Fayetteville, Ark., for defendant City of West Fork, Ark.

Jim Rose, III, Fayetteville, Ark., for defendant Northwest Arkansas Resource Recovery Authority.

Kent Hirsch, Springdale, Ark., Marshall Dale Evans, Fayetteville, Ark., for defendants Vickie Kelley, Katherine E. Barnhart and Carl Brooks.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Facts

In the early 1980's, the City of Fayetteville and other governmental units in the Northwest Arkansas area began consideration of alternatives to solid waste disposal utilizing land fills. On August 30, 1980, Northwest Arkansas Resource Recovery Authority (hereinafter referred to as "the Authority") was formed under the provisions of Act 699 of the Acts of Arkansas, an act known as...

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