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WASTE MANAG. OF CO. v. CITY OF COMMER. CITY

No. 09CA1083.

250 P.3d 722 (2010)

WASTE MANAGEMENT OF COLORADO, INC., a Colorado corporation, Plaintiff-Appellee, v. CITY OF COMMERCE CITY, Colorado, a municipal corporation; Jerry Flannery, in his official capacity as the City Manager of the City of Commerce City; Roger Tinklenberg, Hearing Officer, and in his official capacity as the Acting Deputy City Manager of the City of Commerce City; and Carol Enninga, in her official capacity as the acting Director of Finance of the City of Commerce City, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

April 15, 2010.

Attorney(s) appearing for the Case

Holland & Hart LLP, Alan Poe , Greenwood Village, Colorado; Holland & Hart LLP, Christina Gomez , Denver, Colorado, for Plaintiff-Appellee.

Murray Dahl Kuechenmeister & Renaud LLP, M. Patrick Wilson, Christopher M. Price , Denver, Colorado, for Defendants-Appellants.

Opinion by Judge GABRIEL.

Defendants, the City of Commerce City, Jerry Flannery, Roger Tinklenberg, and Carol Enninga (collectively, the City), appeal the district court's order granting summary judgment for plaintiff, Waste Management of Colorado, Inc. (Waste Management). The court determined that Waste Management's provision of so-called "roll-off" containers to customers and its contracts with transportation companies to haul trailers for it were not subject to...

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