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AMERICAN LANDFILL v. STARK/TUSCARAWAS/WAYNE

No. 97-4222.

166 F.3d 835 (1999)

AMERICAN LANDFILL, INC., Plaintiff-Appellant, v. STARK/TUSCARAWAS/WAYNE JOINT SOLID WASTE MANAGEMENT DISTRICT, Defendant-Appellee, Betty D. Montgomery, Ohio Attorney General, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1999.

Attorney(s) appearing for the Case

David C. Weiner (argued and briefed), Mark E. Staib (briefed), Erica L. Calderas (briefed), Hahn, Loeser & Parks, L.L.P., Cleveland, Ohio, for Plaintiff-Appellant.

Stephen M. O'Bryan (argued and briefed), Peter M. Poulos (briefed), Kelley, Mccann & Livingstone, L.L.P., Cleveland, Ohio, for Defendant-Appellee.

Bryan F. Zima (argued and briefed), Office of the Attorney General, Environmental Enforcement Section, Columbus, Ohio, for Intervenor-Appellee.

David E. Northrop, Nancy J. Miller, Samuels & Northrop Co., Columbus, Ohio, for amicus curiae.

Before: BOGGS, SUHRHEINRICH, and SILER, Circuit Judges.

OPINION

SILER, Circuit Judge.

Plaintiff, American Landfill, Inc., challenges the constitutionality of certain assessments on solid waste disposal in Ohio. Defendant, Stark/Tuscarawas/Wayne Joint Solid Waste Management District, and Intervenor, the Attorney General of Ohio, moved to dismiss the action under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction based on the Tax Injunction Act, 28 U.S.C. § 1341,...

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