BREM-AIR DISPOSAL v. COHEN

No. 96-35717.

156 F.3d 1002 (1998)

BREM-AIR DISPOSAL, a corporation organized under the laws of the State of Oregon, Plaintiff-Appellant, v. William S. COHEN, as the Secretary of the Defense; John Dalton, as the Secretary of the Department of the Navy; Dale Baugh, as the Commanding Officer of the Puget Sound Naval Shipyard; and the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1998.


Attorney(s) appearing for the Case

Susan Caulkins (argued), Shiers, Chrey, Cox & Caulkins, Port Orchard, WA, for plaintiff-appellant.

Christine N. Kohl (argued), United States Department of Justice, Washington, DC, for defendants-appellees.

Before: FLETCHER and O'SCANNLAIN, Circuit Judges, and SCHWARZER, District Judge.


O'SCANNLAIN, Circuit Judge:

We must decide whether a garbage contractor seeking to serve a naval base has standing under the Administrative Procedure Act to sue the United States for allegedly disregarding the contractor's exclusive waste-disposal rights granted by the local municipality.

I

The United States Navy operates the Puget Sound Naval Shipyard in the city of Bremerton, Washington. Pursuant...

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