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BFI MEDICAL WASTE SYSTEMS v. WHATCOM COUNTY

No. 91-35374.

983 F.2d 911 (1993)

BFI MEDICAL WASTE SYSTEMS; BFI Medical Waste Systems of California, Incorporated; Browning-Ferris Industries, Limited, Plaintiffs-Appellees, v. WHATCOM COUNTY, a Municipal Corporation of the State of Washington, Defendant-Appellant, and Safe Waste Management Now, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed October 21, 1992.

Order and Opinion Decided January 15, 1993.

Attorney(s) appearing for the Case

Paul J. Kundtz, Riddell, Williams, Bullitt & Walkinshaw, Seattle, WA, for defendant-appellant, intervenor-appellant, defendant-appellee, defendant-intervenor.

James Richard Moore, and Kathryn L. Tucker Perkins, Coie, Seattle, WA, for plaintiffs-appellees, plaintiffs-appellants.

Before FARRIS, LEAVY, and TROTT, Circuit Judges.

ORDER

The memorandum disposition filed October 21, 1992, is redesignated as an authored opinion by Judge Farris.

OPINION

FARRIS, Circuit Judge:

The Whatcom County council adopted the Medical Waste Ban Ordinance on August 10, 1989. Ordinance 89-61 (Aug. 10, 1989). Section 2 provides that:

[E]ffective January 1, 1990, infectious medical waste generated outside the territorial limits of Whatcom County shall not be accepted for disposal...

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