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BFI MEDICAL WASTE SYSTEMS INC. v. WHATCOM COUNTY

No. C89-1769W.

756 F.Supp. 480 (1991)

BFI MEDICAL WASTE SYSTEMS INC., BFI Medical Waste Systems of California, Inc. and Browning-Ferris Industries, Ltd., Plaintiffs, v. WHATCOM COUNTY, a Municipal Corporation of the State of Washington, and Safe Waste Management Now, Defendants.

United States District Court, W.D. Washington, at Seattle.

January 22, 1991.

Attorney(s) appearing for the Case

James R. Moore, Kathryn L. Tucker, Perkins, Coie, Seattle, Wash., for plaintiffs.

Paul J. Kundtz, Loren Dunn, James E. Rogers, Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., for defendants.

MEMORANDUM ORDER GRANTING SUMMARY JUDGMENT TO PLAINTIFFS

JOHN L. WEINBERG, United States Magistrate Judge.

INTRODUCTION

Plaintiffs ask this court to hold that an ordinance of defendant Whatcom County, excluding from the county infectious medical wastes generated outside the county, violates the Commerce Clause of the U.S. Constitution.

The parties have consented to proceed before a United States...

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