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FULTON COUNTY v. CITY OF ATLANTA

No. S06A0049.

629 S.E.2d 196 (2006)

280 Ga. 353

FULTON COUNTY v. CITY OF ATLANTA et al.

Supreme Court of Georgia.

March 27, 2006.

Attorney(s) appearing for the Case

Overtis Hicks Brantley, Willie Jake Lovett, Jr., Rory Keven Starkey, Marina Katharine Duncan, Nicolle Georgetta Holt, Atlanta, for Appellant.

Linda Katherine DiSantis, Marc Goncher, Robert Claude Norman, Jr., Jones, Cork & Miller, Macon, Lisa Fivars Harper, Chorey, Taylor & Feil, P.C., Otto F. Feil III, Douglas Alton Henderson, Troutman Sanders, LLP, Robert Douglas Mowrey, David M. Meezan, Alston & Bird LLP, Atlanta, for Appellees.

Brock, Clay & Calhoun, Carlton L. Kell, amicus curiae.

THOMPSON, Justice.

In this case of first impression, we are called upon to decide whether OCGA § 36-1-16(a) unconstitutionally impairs the free flow of interstate commerce. We hold that it does, and affirm the judgment of the superior court.

The facts are simple and straightforward: The City of Atlanta entered into contracts with Advanced Disposal Services, Inc. ("Advanced") and Republic Services of Georgia, L.P. ("Republic"), to collect, transport and...

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