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NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION v. PINE BELT REGIONAL SOLID WASTE MANAGEMENT AUTHORITY

No. 03-60470.

389 F.3d 491 (2004)

NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION; et al., Plaintiffs, National Solid Waste Management Association; BFI Waste Systems, BFI Waste Systems of Mississippi LLC; Waste Management of Mississippi Inc., Plaintiffs-Appellees, v. PINE BELT REGIONAL SOLID WASTE MANAGEMENT AUTHORITY and Its Board of Commissioners; Covington County; Jones County; Perry County; City of Petal; City of Laurel; City of Hattiesburg, Mississippi; Defendants-Appellants, Mike Moore, Intervenor-Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 2004.

Attorney(s) appearing for the Case

John G. Corlew (argued), Virginia Thompson Munford, Watkins & Eager, Jackson, MS, for National Solid Waste Management Ass'n and Waste Management of Mississippi, Inc.

Thomas E. Vaughn, Allen, Vaughn, Cobb & Hood, Gulfport, MS, for BFI Waste Systems.

Moran McLelland Pope, III (argued), Pope & Pope, Hattiesburg, MS, for Defendants-Appellants.

Before GARWOOD, WIENER and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

The Mississippi cities and counties that belong to the Pine Belt Regional Solid Waste Management Authority (the Authority) enacted solid waste flow control ordinances requiring that all solid waste collected within those cities and counties be disposed of at facilities owned by the Authority. Plaintiffs-appellees, National Solid Wastes Management Association (NSWMA), BFI Waste Systems of Mississippi, LLC (BFI), and Waste Management of Mississippi...

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