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WMX TECHNOLOGIES, INC. v. MILLER

No. 93-55917.

104 F.3d 1133 (1997)

WMX TECHNOLOGIES, INC., f/k/a/ Waste Management, Inc., a Delaware corporation, and Waste Management of California, Inc., a California corporation, Plaintiffs-Appellants, v. Edwin L. MILLER, Jr., as District Attorney of San Diego County, California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 2, 1997.

Attorney(s) appearing for the Case

Robert H. Friebert and Matthew W. O'Neill, Friebert, Finerty & St. John, S.C., Milwaukee, Wisconsin, and Gerald L. McMahon and David J. Zubkoff, Seltzer, Caplan, Wilkins & McMahon, San Diego, California, for Plaintiffs-Appellants.

Morris J. Hill, Office of the County Counsel, San Diego, California, for Defendant-Appellee.

Before: HUG, Chief Judge, and BROWNING, SCHROEDER, BRUNETTI, NOONAN, LEAVY, TROTT, FERNANDEZ, RYMER, KLEINFELD, and THOMAS, Circuit Judges.

FERNANDEZ, Circuit Judge:

WMX Technologies, Inc. brought this action against Edwin L. Miller, the District Attorney of San Diego County, California, after Miller issued a report which was unfavorable to WMX. The district court dismissed WMX's claims, but gave leave to amend certain ones. WMX did not amend, did not tell the district court that it would not do so, and did not obtain a final order of dismissal. It simply appealed.

We considered the serious substantive...

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