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BEN OEHRLEINS & SONS & DAUGHTER v. HENNEPIN COUNTY

Nos. 96-2120, 96-2170.

115 F.3d 1372 (1997)

BEN OEHRLEINS AND SONS AND DAUGHTER, INC.; Elk River Landfill, Inc.; Gallagher's Service, Inc.; Knutson Services, Inc.; Randy's Sanitation, Inc.; Poor Richard's, Inc.; Vasko Rubbish Removal, Inc.; Wasteco, Inc.; Waste Systems Corp.; Walter's Recycling & Refuse Service, Appellees, v. HENNEPIN COUNTY, Appellant, State of Minnesota, by its Attorney General and its Office of Environment Assistance; Ogden Products, Inc., Amici Curiae. ROBINSON RUBBER PRODUCTS, CO., INC.; Dean M. Akins; Patrick Schoenecker; Brad Robinson, Individually and on behalf of all other persons similarly situated, Appellees, v. HENNEPIN COUNTY, Appellant, State of Minnesota, by its Attorney General and its Office of Environment Assistance, Ogden Products, Inc., Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1997.

Rehearing and Suggestion for Rehearing Denied July 10, 1997.

Attorney(s) appearing for the Case

Charles N. Nauen, Minneapolis, Minnesota, argued (Robert J. Schmit, William A. Gengler, Michael O. Freeman and Toni A. Beitz, Minneapolis, Minnesota, on the brief), for Appellant.

David A. Ranheim, Minneapolis, Minnesota, argued (Robert E. Cattanach, Steven J. Wells and Alexandra B. Klass, Minneapolis, Minnesota, on the brief), for Appellees.

Jocelyn F. Olson, St. Paul, Minnesota and Hubert H. Humphrey, Attorney General, on the brief, for Amicus Curiae State of Minnesota.

David L. Hashmall, Minneapolis, Minnesota, on the brief, for Amicus Curiae Ogden Products, Inc.

Before WOLLMAN and BEAM, Circuit Judges, and LAUGHREY, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied July 10, 1997.

BEAM, Circuit Judge.

This case involves the authority of a local government to regulate the flow and disposal of solid waste. Hennepin County, Minnesota, enacted a "flow control" regulation ("Ordinance 12") that required most County waste to be delivered to County-designated transfer stations or processing facilities. The County later suspended enforcement of Ordinance 12 with respect to...

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