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BONOLLO RUBBISH REMOVAL, INC. v. TOWN OF FRANKLIN

No. 94 Civ. 10808 (MEL).

886 F.Supp. 955 (1995)

BONOLLO RUBBISH REMOVAL, INC., Plaintiff, v. TOWN OF FRANKLIN, et al., Defendants.

United States District Court, D. Massachusetts.

May 26, 1995.

Attorney(s) appearing for the Case

Edward J. McCormick, III, McCormick & Maitland, Norfolk, MA, for Bonollo Rubbish Removal, Inc.

Mark J. Lanza, Canton, MA, for Mario DeBaggis, Bruce J. Hunchard.

Steven J. Comen, James J. Dillon, J. Anthony Downs, Goodwin, Proctor & Hoar, Boston, MA, for WMX Technologies, Inc.

Steven J. Comen, Ann L. Carpenter, James J. Dillon, J. Anthony Downs, Goodwin, Proctor & Hoar, Boston, MA, for Waste Management, Inc., Wheelabrator Millbury, Inc.

LASKER, District Judge.

In C & A Carbone, Inc. v. Town of Clarkstown, New York, ___ U.S. ___, 114 S.Ct. 1677, 128 L.Ed.2d 399 (1994), the Supreme Court declared that a municipal ordinance which required trash haulers to deliver solid waste to a specified transfer station, thereby forbidding them from depositing the waste out of state, violated the Commerce Clause of the United States Constitution. In December 1987, the town of Franklin, Massachusetts, through...

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