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DANIS CLARKCO LANDFILL CO. v. CLARK CTY. SOLID WASTE MANGT. DIST.

No. 94-1047.

73 Ohio St.3d 590 (1995)

DANIS CLARKCO LANDFILL COMPANY, APPELLEE AND CROSS-APPELLANT, v. CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT, CROSS-APPELLEE; OGDEN MARTIN SYSTEMS, INC., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Faruki, Gilliam & Ireland, Charles J. Faruki and Jeffrey T. Cox, for appellee and cross-appellant.

Eastman & Smith, John D. Willey, Jr., and Kenneth C. Baker; Stephen A. Schumaker, Clark County Prosecuting Attorney, and Thomas E. Trempe, Assistant Prosecuting Attorney, for cross-appellee Clark County Solid Waste Management District.

Benesch, Friedlander, Coplan & Aronoff, N. Victor Goodman, James F. DeLeone, Terrence M. Fay and Mark D. Tucker, for appellant and cross-appellee, Ogden Martin Systems, Inc.

Smith & West and William D. West, urging reversal on appeal for amicus curiae, CF/Water.

David L. Feltner and Linda R. Evers, urging reversal on appeal for amicus curiae, Ohio Edison Co.

Gallon & Takacs and Jeffrey Julius, urging reversal on appeal for amici curiae, Ohio State Building and Construction Trades Council and Dayton Building and Construction Trades Council.

MOYER, C.J.

In this case a county solid waste management district solicited proposals for construction of a solid waste disposal facility from private enterprises, in contemplation of thereafter negotiating and entering into a contract pursuant to which the successful bidders would agree to implement their proposals in consideration of the district designating them to be the sole legal recipients of all solid waste of...

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