TRI-STATE RUBBISH, INC. v. TOWN OF GRAY


632 A.2d 134 (1993)

TRI-STATE RUBBISH, INC. v. TOWN OF GRAY and Regional Waste Systems, Inc.

Supreme Judicial Court of Maine.

Decided October 15, 1993.


Attorney(s) appearing for the Case

Ralph A. Dyer (orally), Portland, for plaintiffs.

James N. Katsiaficas (orally), Jensen Baird Gardner & Henry, Portland, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.


RUDMAN, Justice.

Tri-State Rubbish, Inc. ("Tri-State"), and Recyclables Unlimited Services, Inc. ("RUSI"), appeal from the adverse summary judgments entered in the Superior Court (Cumberland County, Lipez, J.) on their claims for declaratory judgment and injunctive relief. The trial court rejected contentions by Tri-State and RUSI that the Town of Gray's Solid Waste, Flow Control and Recycling Ordinance violates the Commerce

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