Nos. 89-55605, 89-55686.

932 F.2d 1284 (1991)

OGDEN MARTIN SYSTEMS, INC., Plaintiff-Appellant, Cross-Appellee, v. SAN BERNARDINO COUNTY, CALIFORNIA, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1991.

As Amended on Denial of Rehearing and Rehearing May 24, 1991.

Attorney(s) appearing for the Case

Barry William Levine, Judith E. Schaeffer, Mark A. Packman, Martin Kimel, Dickstein, Shapiro & Morin, Washington, D.C., for plaintiff-appellant, cross-appellee.

Norman C. Hile, Orrick, Herrington & Sutcliffe, Sacramento, Cal., for defendant-appellee, cross-appellant.

Before BEEZER and TROTT, Circuit Judges, and CROCKER, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc, May 24, 1991.

TROTT, Circuit Judge:

Ogden Martin Systems ("Ogden Martin") entered into a cost-sharing contract with San Bernardino County ("County") for development of a waste disposal facility. The facility was never built, and Ogden Martin sued on the contract for reimbursement of its costs and alternatively for the equitable remedy of rescission. The district court granted summary judgment for the...

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