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WMX TECHNOLOGIES, INC. v. MILLER

No. 97-55336.

197 F.3d 367 (1999)

WMX TECHNOLOGIES, INC., a Delaware corporation; Waste Management of California, Inc., a California corporation, Plaintiffs-Appellants, v. Edwin L. MILLER, Jr., as District Attorney of San Diego County, California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 1999.

Attorney(s) appearing for the Case

Robert H. Friebert, Friebert, Finerty & St. John, Milwaukee, Wisconsin, and David J. Zubkoff, Seltzer, Caplan, Wilkins & McMahon, San Diego, California, for the plaintiffs-appellants.

Morris G. Hill, Office of the County Counsel, San Diego, California, for the defendant-appellee.

Before: HUG, Chief Judge, BROWNING, SCHROEDER, BRUNETTI, NOONAN, LEAVY, TROTT, FERNANDEZ, RYMER, KLEINFELD, and THOMAS, Circuit Judges.

HUG, Chief Judge:

The Board of Supervisors of San Diego County, in order to evaluate plaintiffs' application for permits to develop a landfill site, directed the district attorney to conduct an investigation of the applicant and to render a report to the Board. This case involves an action by the plaintiffs under 42 U.S.C. § 1983 against the district attorney in his official capacity, alleging that statements in the report were defamatory and deprived the plaintiffs...

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