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WASTE MANAGEMENT OF OHIO, INC. v. CITY OF DAYTON

No. 96-3977.

132 F.3d 1142 (1997)

WASTE MANAGEMENT OF OHIO, INC., Plaintiff-Appellant, v. CITY OF DAYTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Gail C. Ford (briefed), Vorys, Sater, Seymour & Pease, Columbus, OH, John Winship Read (argued and briefed), Vorys, Sater, Seymour & Pease, Cleveland, OH, for Plaintiff-Appellant.

J. Anthony Sawyer, Office of the City Attorney, Neil F. Freund (briefed), Shawn M. Blatt (argued), Freund, Freeze & Arnold, Dayton, OH, for Defendant-Appellee.

Before: JONES, SUHRHEINRICH, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. JONES, J. (pp. 1146-47), delivered a separate opinion concurring in the result.

MOORE, Circuit Judge.

Plaintiff-Appellant Waste Management of Ohio, Inc. ("WMO") appeals the district court's order that found a lack of jurisdiction to address its dispute with Defendant-Appellee City of Dayton (the "City"). The underlying dispute concerns whether the City, by virtue of its post...

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