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SOUTHERN WASTE SYSTEMS v. CITY OF DELRAY BEACH

No. 04-13035.

420 F.3d 1288 (2005)

SOUTHERN WASTE SYSTEMS, LLC., Plaintiff-Appellee, v. CITY OF DELRAY BEACH, FLORIDA, Waste Management Inc. of Florida, Defendants-Appellants, BFI Waste Systems of North America, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

August 16, 2005.

Attorney(s) appearing for the Case

Lawrence E. Brownstein, Law Offices of Lawrence Brownstein, West Palm Beach, FL, Evan M. Tager, Miriam R. Nemetz, Mayer, Brown, Rose & Maw LLP, Washington, DC, for Defendants-Appellants.

Steven M. Goldsmith, Attorney at Law, Boca Raton, FL, for Plaintiff-Appellee.

Before BIRCH, CARNES and HILL, Circuit Judges.

HILL, Circuit Judge:

Southern Waste Systems, LLC sued the City of Delray Beach, Florida and Waste Management Inc. of Florida seeking both a declaratory judgment that a contractual agreement between the defendants was unconstitutional and an injunction against its enforcement. The district court entered summary judgment for plaintiff and this appeal followed.

I.

In 2001, the City of Delray Beach, Florida (the "City") issued a request for proposals...

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