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SOCRRA v. CITY OF MADISON HEIGHTS

No. 92-2427.

5 F.3d 166 (1993)

SOUTHEASTERN OAKLAND COUNTY RESOURCE RECOVERY AUTHORITY, a Michigan public corporation, Plaintiff-Appellee, v. The CITY OF MADISON HEIGHTS, a municipal corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Marty A. Burnstein (briefed and argued), Ronald L. Cornell, Jr., Seyburn, Kahn, Ginn, Bess & Howard, Southfield, MI, for plaintiff-appellee.

Hugh B. Thomas (argued and briefed), Berry, Moorman, King, Cook & Hudson, Detroit, MI, Larry H. Sherman, Sherman & Sherman, Bingham Farms, MI, for defendant-appellant.

Mark A. Richardson, Troy, MI (briefed), for Clean Air Please, amicus curiae.

Before: MARTIN and SUHRHEINRICH, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

SUHRHEINRICH, Circuit Judge.

In this preemption case, defendant City of Madison Heights, Michigan (Madison Heights) challenges the district court's grant of summary judgment in favor of plaintiff Southeastern Oakland County Resource Recovery Authority (SOCRRA). For the following reasons, we AFFIRM.

I.

SOCRRA is a Michigan public corporation formed in 1955 to collect and dispose of nonhazardous solid waste for fourteen communities of...

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