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HUISH DETERGENTS, INC. v. WARREN COUNTY, KY.

No. 98-5566.

214 F.3d 707 (2000)

HUISH DETERGENTS, INC., Plaintiff-Appellant, v. WARREN COUNTY, KENTUCKY; Monarch Environmental, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 31, 2000.

Attorney(s) appearing for the Case

Frank F. Chuppe, Cynthia B. Doll (briefed), Walter M. Jones (argued and briefed), Stephen D. Berger (briefed), Wyatt, Tarrant & Combs, Louisville, Kentucky, for Plaintiff-Appellant.

Michael E. Caudill (briefed), Bowling Green, Kentucky, for Defendant-Appellee Warren County, Kentucky.

Dennis J. Conniff (argued and briefed), Larisa E. Gilbert (briefed), Brown, Todd & Heyburn, Louisville, Kentucky, for Defendant-Appellee Monarch Environmental, Inc.

Before: RYAN, BATCHELDER, and CLAY, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. CLAY, J. (pp. 717-18), delivered a separate concurring opinion.

OPINION

RYAN, Circuit Judge.

Huish Detergents, Inc., challenges an ordinance enacted by Warren County, Kentucky, and a franchise agreement entered into by Warren County and Monarch Environmental, Inc., pursuant to which Monarch is the exclusive contractor for collecting and processing all the solid waste generated...

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