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LEBANON FARMS DISPOSAL, INC. v. COUNTY OF LEBANON

Nos. 06-3473, 06-3474.

538 F.3d 241 (2008)

LEBANON FARMS DISPOSAL, INC. v. COUNTY OF LEBANON; Greater Lebanon Refuse Authority. County of Lebanon, Appellant No. 06-3473. Greater Lebanon Refuse Authority, Appellant No. 06-3474.

United States Court of Appeals, Third Circuit.

Filed: August 6, 2008.

Attorney(s) appearing for the Case

Stephanie E. DiVittore, Charles E. Gutshall (Argued), Rhoads & Sinon, Harrisburg, PA, for Appellee.

James J. Kutz (Argued), Paula J. McDermott, Post & Schell, David L. Schwalm, Thomas, Thomas & Hafer, Harrisburg, PA, for Appellants.

Before FISHER and JORDAN, Circuit Judges, and YOHN, District Judge.

OPINION OF THE COURT

YOHN, District Judge.

The County of Lebanon ("County") and the Greater Lebanon Refuse Authority ("GLRA")1 appeal the District Court's July 5, 2006 decision granting plaintiff Lebanon Farms Disposal, Inc.'s ("Lebanon Farms") motion for partial summary judgment. Applying a strict scrutiny standard, the District Court held that the County's Municipal Waste Management Ordinance No. 15 and Sections V and X(3)...

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