NATIONAL SOLID WASTE MANAGEMENT ASSOC. v. PINE BELT SOLID WASTE MANAGEMENT AUTHORITY

No. CIV.A.2:02 CV 723 GU.

261 F.Supp.2d 644 (2003)

NATIONAL SOLID WASTE MANAGEMENT ASSOC., et al. Plaintiffs v. PINE BELT SOLID WASTE MANAGEMENT AUTHORITY, et al. Defendants.

United States District Court, S.D. Mississippi, Hattiesburg Division.

April 23, 2003.


Attorney(s) appearing for the Case

John G. Corlew, Virginia T. Munford, Watkins & Eager, Jackson, Harry R. Allen, David W. Crane, Thomas E. Vaughn, Allen, Vaughn, Cobb & Hood, Gulfport, T. Michael Reed, T. Michael Reed, Attorney, Hattiesburg, for National Solid Wastes Management Association, BFI Waste Systems, BFI Waste Systems of Mississippi, LLC, Waste Management of Mississippi, Inc., Pine Belt Waste Systems, LLC, plaintiffs.

Norman G. Hortman, Jr., Hortman, Harlow, Martindale, Bassi & Robinson, PLLC, Laurel, Ricky Lee Boggan, Office of the Attorney General, Jackson, Moran M. Pope, III, Pope & Pope, Hattiesburg, Alan M. Purdie, Gore, Kilpatrick, Purdie, Metz & Adcock, PC, Ridgeland, Tommy B. Rogers, Tommy B. Rogers, Attorney, Collins, Sarah L. Entrekin, Attorney, Jones County Board of Supervisors, Laurel, Michael C. Barefield, Michael C. Barefield, Attorney, Gulfport, Thomas W. Tyner, Aultman, Tyner, Ruffin & Yarborough, Ltd, Charles E. Lawrence, Jr., Charles E. Lawrence, Jr., Attorney, Hattiesburg, for Pine Belt Regional Solid Wste Management Authority and its Board of Commissioners, Covington County, Board of Commissioner of Pine Belt Regional Solid Waste Management Authority, Board of Commissioner of Pine Belt Regional Solid Waste Management Authority, Perry County, Board of Commissioners of Pine Belt Regional Solid Waste Management Authority, City of Petal, Board of Commissioner of Pine Belt Regional Solid Waste Management Authority, City of Laurel, Board of Commissioner of Pine Belt Regional Solid Waste Management Authority, City of Hattiesburg, Board of Commissioners of Pine Belt Regional Solid Waste Management Authority, defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO FED. R. CIV. P. 52(A)

GUIROLA, United States Magistrate Judge.

The question before this Court is whether certain municipal ordinances restricting the disposal of solid waste collected within a specific geographic area constitutes a violation of the Commerce Clause of the United States Constitution. The plaintiffs, Waste Management of Mississippi, Inc. ("Waste Management") and Browning Ferris Waste...

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