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MEDICAL WASTE ASSOC. v. MAYOR AND CITY COUNCIL

Nos. 91-1801, 91-1820.

966 F.2d 148 (1992)

MEDICAL WASTE ASSOCIATES LIMITED PARTNERSHIP, a Maryland Limited Partnership, Plaintiff-Appellant, v. MAYOR AND CITY COUNCIL OF BALTIMORE, Defendant-Appellee. MEDICAL WASTE ASSOCIATES LIMITED PARTNERSHIP, a Maryland Limited Partnership, Plaintiff-Appellant, v. MAYOR AND CITY COUNCIL OF BALTIMORE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1992.

As Amended July 17, 1992.

Attorney(s) appearing for the Case

William C. Brashares, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Washington, D.C., argued (Nadya B. Roytblat, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Washington, D.C., Jervis S. Finney, Kevin A. Dunne, George W. Kelly, Ober, Kaler, Grimes & Shriver, Baltimore, Md., on brief), for plaintiff-appellant.

Justin James King, Asst. Sol., Baltimore, Md., argued (Neal M. Janey, City Sol., Ambrose T. Hartman, Deputy City Sol., Frank C. Derr, Principal Counsel, on brief), for defendant-appellee.

Before WIDENER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

MacKENZIE, Senior District Judge:

This is an appeal from an Order of the district court granting appellee's Motion for Summary Judgment and denying appellant's Motion for Summary Judgment.

BACKGROUND

In 1988, appellant, Medical Waste Associates Limited Partnership ("Medical Waste"), initiated a plan to build a medical waste incinerator in the Baltimore area. As required by the city code, Medical

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