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BROWNING-FERRIS v. NEW ORLEANS

No. 92-CA-1606.

627 So.2d 246 (1993)

BROWNING-FERRIS, INC. v. CITY OF NEW ORLEANS, and Recovery I, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

November 18, 1993.

Attorney(s) appearing for the Case

Blake G. Arata, Ernest E. Svenson, Gordon, Arata, McCollam & Duplantis, New Orleans, for plaintiff/appellant.

H. Bruce Shreves, James A. Burton, Jay H. Kern, Susan F. Clade, Simon, Peragine, Smith & Redfearn, New Orleans, and Gerald L. Walter, Jr., Schwab & Walter, Baton Rouge, and Ralph Capitelli, Capitelli & Wicker, New Orleans, for defendant/appellee Recovery I, Inc.

Michael J. Laughlin, Asst. City Atty., Eleanor Graham, Deputy City Atty., Brett J. Prendergast, Chief Deputy City Atty., William D. Aaron Jr., City Atty., New Orleans, for defendant/appellee City of New Orleans.

Jim Siemens, David Gidley, Student Practitioners, Terry E. Albritton, Supervising Atty., Appellate Advocacy Program, Tulane Law School, New Orleans, for amici curiae.

Before KLEES, LOBRANO, ARMSTRONG, PLOTKIN and JONES, JJ.

ARMSTRONG, Judge.

Plaintiff, Browning-Ferris, Inc. ("BFI"), appeals the trial court's denial of its petition for a preliminary injunction enjoining defendants, Recovery I, Inc. ("Recovery I") and the City of New Orleans ("the City"), from fulfilling the terms of a 1991 agreement between the two defendants and the Louisiana Department of Environmental Quality (the "DEQ") pertaining to the operation and closure of a solid waste landfill in eastern New Orleans.

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