WASTE MANAGEMENT, INC. v. METROPOLITAN GOVERNMENT

Nos. 95-5863, 95-5900.

130 F.3d 731 (1997)

WASTE MANAGEMENT, INC. OF TENNESSEE, Plaintiff-Appellant/Cross-Appellee, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 5, 1997.


Attorney(s) appearing for the Case

John M. Gillum (argued and briefed), Manier, Herod, Hollabaugh & Smith, Nashville, Tennessee, William L. Penny, Stephanie M. Jennings (briefed), Manier, Herod, Hollabaugh & Smith, Nashville, Tennessee for Appellant.

Stephen Nunn (argued and briefed), The Metropolitan Government of Nashville & Davidson County Department of Law, Nashville, Tennessee, for Appellee.

Before: CONTIE, BOGGS, and NORRIS, Circuit Judges.


OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiff, Waste Management, Inc. of Tennessee ("WMIT"), appeals the district court's denial of its motion for injunctive relief from enforcement of a flow control regulation and an ordinance which requires that all waste delivered to certain disposal facilities in passenger vehicles and pickup trucks be accepted either free of charge or for five dollars per load, respectively. Both the flow control regulation and the...

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