DANNER CONST. CO. v. HILLSBOROUGH COUNTY, FLA.

No. 09-13951.

608 F.3d 809 (2010)

DANNER CONSTRUCTION CO., INC., a Florida corporation, Gateway Roll-Off Services, LP, a Nevada limited partnership, Plaintiffs-Appellees, v. HILLSBOROUGH COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant-Appellant. Republic Services of Florida, Limited Partnership, Waste Management, Inc. of Florida, Intervenors-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 9, 2010.


Attorney(s) appearing for the Case

David Clark Borucke, Holland & Knight, LLP, Stephen Mark Todd, Tampa, FL, Marie Tomassi, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, FL, for Appellants.

Andrew Kenyon MacFarlane, William B. Taylor, IV, MacFarlane, Ferguson & McMullen, Tampa, FL, for Plaintiffs-Appellees.

Before DUBINA, Chief Judge, and MARTIN and COX, Circuit Judges.


DUBINA, Chief Judge:

Hillsborough County established a franchise system for waste collection, one now challenged under the antitrust laws by a service provider and a customer. The district court held that the franchise system implemented by the county constituted a hybrid restraint—one where the government enforces the anticompetitive practices of private parties. According to the district court, because such a hybrid restraint existed, it could not address...

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