ACTIVE DISPOSAL, INC. v. CITY OF DARIEN

No. 10-2568.

635 F.3d 883 (2011)

ACTIVE DISPOSAL, INC., et al., Plaintiffs-Appellants, v. CITY OF DARIEN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 14, 2011.


Attorney(s) appearing for the Case

David A. Novoselsky (argued), Attorney, Novoselsky Law Offices, Chicago, IL, for Plaintiffs-Appellants.

John B. Murphey , Attorney, Rosenthal, Murphey, Coblentz & Donahue, Charles E. Harper, Jr. , Attorney, Quarles & Brady, Christopher Keleher (argued), Paul Rettberg , Attorneys, Querrey & Harrow, Gregory T. Smith , Attorney, Klein, Thorpe & Jenkins, John H. Anderson , Attorney, Seyfarth Shaw LLP, Chicago, IL, William W. Kurnik , Attorney, Knight, Hoppe, Kurnik & Knight, Rosemont, IL, Arthur L. Janura, Jr. , Arnstein & Lehr, Hoffman Estates, IL, for Defendants-Appellees.

Before MANION and WILLIAMS, Circuit Judges, and CLEVERT, District Judge.


MANION, Circuit Judge.

Plaintiffs sued several municipalities claiming the municipalities' exclusive contracts for trash disposal violate federal antitrust law. The district court held that the contracts fell within the state-action exception to antitrust law and dismissed the complaint. The state-action doctrine allows municipalities to engage in conduct that would otherwise violate antitrust law when the conduct is authorized by the state under a policy to displace...

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