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WOODFEATHERS, INC. v. WASHINGTON COUNTY, OR.

Nos. 97-35557, 97-35598.

180 F.3d 1017 (1999)

WOODFEATHERS, INC., Plaintiff-Appellee-Cross-Appellant, v. WASHINGTON COUNTY, OREGON, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 20, 1999.

Attorney(s) appearing for the Case

R. Daniel Lindahl, John M. Junkin, Bullivant, Houser, Bailey, Pendergrass & Hoffman, and Dan R. Olsen, Washington County Counsel, Portland, Oregon, for the defendant-appellant-cross-appellee.

Russell M. Allen and William G. Sheridan, Jr., Allen, Fellows, Livingston, Sheridan, Ryan, Odman & Ford, Portland, Oregon, for the plaintiff-appellee-cross-appellant.

Stephen A. Redshaw, Stoel Rives, Portland, Oregon; Robert M. Atkinson, Assistant Attorney General and Jane Ellen Stonecipher, Marion County Assistant Legal Counsel, Salem, Oregon; Ann van Bever, Preston Gates & Ellis, Portland, Oregon; John Douglas Moore, Stone & Moore, San Francisco, California; Lawrence R. Davidson, Portland, Oregon; Jay W. Battie, Lindsay, Hart, Neil & Weigler, Portland, Oregon; Scott J. Horne and Thomas L. Tyler, Washington, DC; Todd E. Thompson, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, California, for the amici.

Before: KLEINFELD and HAWKINS, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

In August 1995, Washington County, Oregon, (the County) cited Woodfeathers, Inc., for violating its solid waste ordinance by transporting and disposing of solid waste without a County certificate. Proceedings began in state court leading eventually to a trial in which Woodfeathers was found in violation, followed by an appeal by Woodfeathers. While the state court proceedings were pending, Woodfeathers, in February 1996, filed this...

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