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SOUTHERN DISPOSAL, INC. v. TEXAS WASTE MANAGEMENT

No. 97-7098.

161 F.3d 1259 (1998)

SOUTHERN DISPOSAL, INC., an Oklahoma corporation, Plaintiff-Appellant, v. TEXAS WASTE MANAGEMENT, A DIVISION OF WASTE MANAGEMENT OF TEXAS, INC., a Texas corporation; City of Hugo, a Municipal corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 2, 1998.

Attorney(s) appearing for the Case

Eric S. Gray (Thomas P. Goresen with him on the briefs) of Gray & Goresen, P.C., Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Rodney C. Ramsey of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, Oklahoma, for Defendant-Appellee City of Hugo.

Stratton Taylor of Taylor, Burrage, Foster, Singhal & Mallett, Claremore, Oklahoma, for Defendant-Appellee Texas Waste Management.

Before BRORBY and MURPHY, Circuit Judges, and MARTEN, District Judge.

BRORBY, Circuit Judge.

Southern Disposal sued the City of Hugo, Oklahoma ("Hugo" or "the City") and Texas Waste Management (collectively "Defendants") alleging violations of the Sherman Antitrust Act, 15 U.S.C. §§ 1 and 2, the Commerce Clause, Due Process and Equal Protection violations under 42 U.S.C. § 1983, and various state law provisions. The district court granted the Defendants' motion to dismiss for...

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