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GSW, INC. v. LONG COUNTY, GA

No. 92-8732.

999 F.2d 1508 (1993)

GSW, INC., f/k/a Allsafe Waste Management, Inc., Plaintiff-Appellee, v. LONG COUNTY, GEORGIA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 2, 1993.

Attorney(s) appearing for the Case

Albert Rahn, III, Gleenville, GA, Stephen E. O'Day, Smith Gambrell & Russell, Atlanta, GA, for defendant-appellant.

Brian J. Passante, Sell & Melton, Macon, GA, for plaintiff-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

Allsafe Waste Management, Inc. (Allsafe) brought suit in district court alleging that Long County unconstitutionally had rescinded a contract between Allsafe and the County regarding a solid waste landfill facility which was to be owned privately by Allsafe and located in Long County. Allsafe asserted that the County violated the Commerce Clause because its rescission was based on Allsafe's refusal to agree to a 150-mile geographic limitation...

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