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NATIONAL SOLID WASTES MANAGEMENT v. DAVIESS COUNTY

No. 04-6498.

434 F.3d 898 (2006)

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, Plaintiff-Appellee, v. DAVIESS COUNTY, KENTUCKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2006.

Attorney(s) appearing for the Case

ARGUED: Allen W. Holbrook, Sullivan, Mountjoy, Stainback & Miller, Owensboro, Kentucky, for Appellant. Dennis J. Conniff, Frost Brown Todd, Louisville, Kentucky, for Appellee. ON BRIEF: Allen W. Holbrook, Sullivan, Mountjoy, Stainback & Miller, Owensboro, Kentucky, for Appellant. Dennis J. Conniff, Amy D. Cubbage, Sheryl G. Snyder, Frost Brown Todd, Louisville, Kentucky, for Appellee. Michael J. Cahill, Germano & Cahill, Holbrook, New York, for Amici Curiae.

Before: CLAY and COOK, Circuit Judges; COOK, District Judge.

OPINION

CLAY, Circuit Judge.

Defendant Daviess County, Kentucky appeals the November 19, 2004 order of the United States District Court for the Western District of Kentucky granting summary judgment for Plaintiff National Solid Wastes Management Association ("NSWMA"), declaring proposed Daviess County Ordinance 830.5 ("Ordinance") unconstitutional, and enjoining the County from enforcing the terms of the Ordinance. For the reasons set forth below, this Court...

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