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DIAMOND WASTE, INC. v. MONROE COUNTY, GA.

No. 90-8298.

939 F.2d 941 (1991)

DIAMOND WASTE, INC., Plaintiff-Appellee, v. MONROE COUNTY, GEORGIA, Monroe County Board of Commissioners, Tommy Wilson, Jim Ham, R.T. Bunn, Larry Evans, James Long, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 23, 1991.

Attorney(s) appearing for the Case

W. Franklin Freeman, Jr., James A. Vaughn, Mills, Freeman, Vaughn & Sosebee, Forsyth, Ga., Frederick L. Wright, Smith, Currie & Hancock, Atlanta, Ga., for defendants-appellants.

L. Robert Lovett, Smith, Hawkins, Almand & Hollingworth, Macon, Ga., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and KAUFMAN, Senior District Judge.

CLARK, Circuit Judge:

This appeal raises the question of the constitutionality of Monroe County's ban on the importation of out-of-county waste. We hold that the County resolution at issue violates the commerce clause but that the Georgia statute from which Monroe County may have derived its authority to impose the ban is constitutional.

I. BACKGROUND

Monroe County, Georgia and the City of Forsyth, located in Monroe County, jointly operated a waste...

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