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MAHARG, INC. v. VAN WERT SOLID WASTE MGMENT. DIST.

No. 99-4035.

249 F.3d 544 (2001)

MAHARG, INC., Plaintiff-Appellant, v. VAN WERT SOLID WASTE MANAGEMENT DISTRICT; Gary D. Adams, Chairman of the Board Van Wert Solid Waste Management District; Ava K. Good, Director of Van Wert Solid Waste Management District; Gary D. Cooper, Director of Van Wert Solid Waste Management District, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 7, 2001.

Attorney(s) appearing for the Case

Henry N. Heuerman (briefed), Albin Bauer, II (argued and briefed), Eastman & Smith, Toledo, OH, for Defendants-Appellees.

Christopher S. Habel (briefed), Kevin N. McMurray (argued and briefed), Frost & Jacobs, Cincinnati, OH, for Plaintiff-Appellant.

Before: MERRITT, NELSON, and BATCHELDER, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

The question presented in this appeal is whether the constitutional rights of the plaintiff, an Ohio corporation engaged in the business of solid waste collection and disposal, were violated by waste processing restrictions imposed under Ohio law by the county where the waste originated. The restrictions in question precluded the plaintiff from continuing to dispose of the waste at an Indiana landfill the operator...

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